Legislature(2021 - 2022)DAVIS 106
05/07/2021 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| HB164 | |
| HB173 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 164 | TELECONFERENCED | |
| *+ | HB 173 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 164-EARLY ED PROGRAMS; READING; VIRTUAL ED
8:08:36 AM
CO-CHAIR STORY announced that the first order of business would
be HOUSE BILL NO. 164, "An Act relating to early education
programs provided by school districts; relating to school age
eligibility; relating to early education programs; establishing
a parents as teachers program; relating to the duties of the
Department of Education and Early Development; relating to
certification of teachers; establishing a reading intervention
program for public school students enrolled in grades
kindergarten through three; establishing a reading program in
the Department of Education and Early Development; relating to a
virtual education consortium; and providing for an effective
date."
[Before the committee, adopted as a working document during the
4/23/21 House Education Standing Committee meeting, was the
proposed committee substitute (CS) for HB 164, Version 32-
LS0731\I, Klein, 4/20/21, ("Version I").]
8:09:06 AM
L?KI TOBIN, Staff, Senator Tom Begich, on behalf of the Senate
Education Standing Committee, sponsor of companion bill SB 111,
presented the notes for the virtual education components
[included in the committee packet], which read as follows
[original punctuation provided]:
(Page 18, starting on line 18) Section 21. Amends AS
14.07.168 to include information on the virtual
education consortium in the annual report to the
Alaska State Legislature.
Section 22. Repeals the above changes on June 30,
2034.
8:11:21 AM
REPRESENTATIVE PRAX asked for a definition of "consortium."
MS. TOBIN replied that the definition would be covered in a
later section. She then resumed her presentation, which read as
follows [original punctuation provided]:
(Page 37, line 6) Section 36. Establishes a new
section under AS 14.30, article 16, virtual education.
Under Section 36. DEED is directed to work in
cooperation with school districts to establish a
virtual education consortium.
Participation in the consortium is voluntary, and
participating school districts may access virtual
coursework, professional development, and teacher
training.
The consortium will also employ a reading specialist
to assist districts by modeling effective teaching
strategies, coaching and mentoring teachers, providing
training in data analytics, and supporting reading
teams.
DEED may implement a fee to support the consortium,
and districts may also establish fees to support their
virtual coursework.
8:13:09 AM
CO-CHAIR STORY asked whether there would be a fee for school
districts to participate in the consortium.
MS. TOBIN referred to page 38, lines 8-9, of the proposed
legislation, which read, "(d) The department may require a
school district that participates in the consortium to pay a fee
to the consortium."
8:14:07 AM
REPRESENTATIVE DRUMMOND expressed that the virtual education
components comprise a response to having to work remotely due to
the COVID-19 pandemic. She then asked who the participants in
the consortium would be.
MS. TOBIN explained that the virtual education component was
introduced by Senator Hughes in 2012. With regard to the
participants in the virtual education consortium, she referred
to page 37, lines 12-15, of the proposed legislation, which read
as follows:
The consortium shall create and maintain a database of
virtual education courses for students, training in
virtual instruction for teachers, and professional
development courses for teachers of students
throughout the state if the coursework curriculum
meets the state standards established by the
department.
REPRESENTATIVE DRUMMOND surmised that this provision would pull
together all of the resources that districts and teachers had to
utilize during the pandemic.
8:16:01 AM
REPRESENTATIVE ZULKOSKY asked whether the participation fee
would be implemented by the Department of Education and Early
Development (DEED), and what the fee would be.
MS. TOBIN referred to the text of the proposed legislation, page
38, beginning on line 11 and continuing through line 13, which
read, "The fees must approximately equal the consortium's
prorate administrative costs related to reviewing and approving
courses and maintaining the database." She said the fees would
be established in regulation, as stated on page 38, line 16.
REPRESENTATIVE ZULKOSKY commented that the virtual education
consortium might be better as a virtual "clearinghouse" of
resources, and that she doesn't want to begin charging fees for
accessing material that should be shared among districts. She
expressed understanding that there would be costs associated
with implementing the consortium, and she discussed the
possibility of finding equity in costs between the smaller and
larger school districts. She then pointed out that rural
districts have difficulties in participating in online
activities due to the dearth of Internet accessibility.
CO-CHAIR STORY noted the work the Alaska Superintendents
Association has done with online learning and professional
development courses. She asked how staff development would be
facilitated.
MS. TOBIN responded that Section 41 of the proposed legislation
discusses the virtual education availability deadline of July 1,
2024, which she said would allow DEED enough time to work with
existing infrastructure and regulations to ensure the program is
structured in a manner that would fit students, teachers, and
stakeholders.
CO-CHAIR STORY asked whether the federal funds for the virtual
education consortium would be used to develop virtual education
courses similar to those used in Florida.
8:22:21 AM
TAMARA VAN WYHE, Division Director, Innovation and Educational
Excellence, Department of Education and Early Development,
responded that emergency relief funding has already been used to
support virtual education. She described the learning
management platform Canvas, which can be used by schools,
teachers, and students to deliver remote and in-classroom
instruction.
8:24:12 AM
REPRESENTATIVE PRAX asked whether DEED would be restricted by
statute to using Canvas, or whether a custom program would be
developed.
MS. VAN WYHE replied that the language of the proposed
legislation allows for sufficient flexibility to consider what
school districts are already doing, and she pointed out that
participation in the consortium is voluntary. Tools like Canvas
work by taking materials and curriculum that have already been
created and putting them in a common space for sharing with
other educators or across the state, she said; open education
resources can be used by educators at no cost and customized to
meet local needs such as cultural relevance.
REPRESENTATIVE PRAX asked whether DEED would research available
platforms before developing one. He then said that he's still
not sure what a consortium is.
MS. VAN WYHE replied that a consortium is a voluntary group of
stakeholders that come together with a shared purpose; in this
case, to support the efforts of a common learning management
system, with coursework that teachers could access through the
consortium. She said there are online vendors with content for
purchase and use, and Alaska's educators have successfully used
content developed by Florida Virtual School.
8:30:43 AM
REPRESENTATIVE DRUMMOND pointed out the attached fiscal note
outlining DEED's estimate for creating the virtual education
consortium.
8:31:44 AM
HEIDI TESHNER, Director, Finance and Support Services Division,
Department of Education and Early Development, explained that
DEED would need two new Education Specialist II positions to
manage and operate the statewide system and review the courses
and provide virtual instruction training. A Reading Specialist
position would be needed to provide the intensive reading
intervention to school districts participating in the
consortium. Total charges would be salary and benefits for
three positions, she said; department chargebacks of $10,800 per
person, and a one-time cost of $5,000 per person for supplies
and equipment, would be funded with COVID-19 relief money which
is also used to fund the statewide virtual education learning
management system license until 2023. She clarified that this
fiscal note for HB 164 would only cover the salary and benefits
for the three new positions beginning in fiscal year (FY) 2024.
She said there is also a one-time cost of $12,000 for legal
services related to the development of the regulations around
the consortium, and an expected cost of $200,000 in FY 2032 for
a contractor to assist DEED in developing the multi-year
analysis of all programs, which would be presented to the
legislature in 2033.
8:35:36 AM
REPRESENTATIVE DRUMMOND asked whether Canvas is the learning
management system.
MS. TESHNER replied yes.
REPRESENTATIVE DRUMMOND surmised that the section would be
continuing what began during the pandemic and would continue
using federal relief funds until FY 2024.
MS. TESHNER replied, "That is all correct."
8:36:29 AM
CO-CHAIR STORY asked about resources not provided by the Alaska
Staff Development Network (ASDN).
MS. VAN WYHE responded that there are several organizations in
the state that provide professional development opportunities
for educators. Professional development provided by DEED would
be specific to the learning management system in use, she said,
and would focus on the needs of the consortium; focus would be
on not duplicating efforts.
CO-CHAIR STORY noted the importance of complementing instead of
duplicating efforts, and she commented that the cost may be
prohibitive for some school districts. She then referred to
page 37, line 17 of Version I, and she asked whether "teachers
delivering or facilitating virtual coursework" means
certificated teachers, and whether the required credentials
should be added to the proposed legislation.
MS. VAN WYHE responded that the teachers referenced in the bill
are to be certificated teachers, and that a Type M Limited
certificate is a recognized teacher certificate in the state of
Alaska. As such, she expressed, the specific credentials
shouldn't need to be detailed in the bill.
CO-CHAIR STORY referred to page 38, line 1, which read, "(2)
coaching and mentoring teachers and staff in reading
instruction" and she said she would like to add
paraprofessionals to "teachers and staff."
MS. VAN WYHE agreed that while paraprofessionals aren't noted
specifically in the proposed legislation, adding them would be
appropriate.
8:42:12 AM
REPRESENTATIVE ZULKOSKY asked whether student participation in
the consortium could impact base student allocation.
MS. VAN WYHE explained that the consortium model would not
impact base student allocation; students and/or teachers would
simply be accessing course content through the consortium model.
A student would still remain fully enrolled in their local
school and district.
REPRESENTATIVE ZULKOSKY commented that she would like to see
protections for schools and districts.
CO-CHAIR STORY agreed that accommodations would be needed, since
Alaska does not have consistent Internet access. She expressed
wanting to know the exact fees for consortium participation.
MS. TOBIN said the difficulty in estimating the fee structure
may lie in the wording of the proposed legislation, which
indicates that DEED "may" require a school district that
participates in the consortium to pay a fee. She said it's
difficult to assess whether a fee would be imposed.
8:46:24 AM
SENATOR TOM BEGICH, Alaska State Legislature, on behalf of the
Senate Education Standing Committee, sponsor of companion bill
SB 111, said any consortium fees would only occur in
consultation with the involved school districts. The proposed
associations would be voluntary, he said, and consortium
participation would have no effect on base student allocation;
since the association would be voluntary, the superintendent
could choose to leave the consortium at any time. He suggested
looking at the consortium that includes the Copper River School
District for context. Regarding Internet accessibility, he
discussed the possibility of the state investing approximately
$600 million in broadband; past testimony has indicated that a
minimum of $2 billion would be required to bring accessibility
up to an equitable standard across the state.
SENATOR BEGICH said the intent of the proposed legislation is to
codify the option of consortium participation, and he noted the
existence of a statute that allows for the sharing of resources.
He referred to AS 14.14.115(a), which would be amended by
Section 24, subsection (a), on page 19 of the proposed
legislation. The statute is the cooperative arrangement statute
that has existed for years, he said, and provides resources to
incentivize school districts to share officers without losing
their local identities. Language addressing consortium fees
could be added to Section 24, he said.
8:51:03 AM
CO-CHAIR STORY noted the language of Section 24, subsection (a),
which read as follows:
(a) To encourage cooperative arrangements between
school districts and between school districts and
private businesses, nonprofit organizations, or
government agencies to provide more efficient or
economical administrative or educational services, a
school district may receive a one-time cooperative
arrangement grant from the department of up to
$100,000. The department shall ensure that grant funds
provided to districts under this section do not
provide direct benefit to private educational
institutions.
CO-CHAIR STORY asked for discussion on this subsection.
SENATOR BEGICH explained that lines 22-24 are in keeping with
the constitution, as the state does not use public funds to
benefit private enterprise. Lines 18-20 are to acknowledge
partnerships that already exist, such as a partnership between a
school and an Alaska Native organization; there are many
educational opportunities provided through nonprofits such as
the Rural Alaska Community Action Program, Inc. He pointed out
that such partnerships are not currently statutorily
incentivized.
CO-CHAIR STORY noted that grant of up to $100,000, and she asked
whether it's limited to school districts in Alaska or if it can
be used in other states.
SENATOR BEGICH replied that it's designed for Alaska school
districts. He pointed out that if there is no funding, there is
no grant.
8:54:26 AM
REPRESENTATIVE DRUMMOND asked whether there would be a way to
fund AS 14.14.115 through the latest COVID-19 relief package.
She said that, if the initial stages of the consortium use
federal relief funds, she doesn't see how a fee for
participation could be charged until FY 2024.
SENATOR BEGICH stated his agreement, and he pointed out that if
DEED does require a fee, it would have to be based on the
consortium's recommendation.
8:56:08 AM
CO-CHAIR STORY asked Ms. Van Wyhe to confirm what institutions
would be eligible for the $100,000 grant.
MS. VAN WYHE confirmed that the grant is only for districts and
schools within the state.
8:56:34 AM
REPRESENTATIVE PRAX asked about the distinction between private
businesses and nonprofit organizations as would relate to
Section 24.
SENATOR BEGICH explained that any private company a school
district contracts with must meet a constitutional standard.
9:00:38 AM
CO-CHAIR STORY referred to Section 36, subsection (f), which
read as follows:
(f) The consortium may require, as a condition of
participation, that school districts that provide
courses or have students participating in courses
included in the database under (a) of this section
adopt the same school term and class schedule for all
or part of a school day. The school term must meet the
requirements of AS 14.03.030.
CO-CHAIR STORY expressed confusion about the subsection.
MS. TOBIN explained that the consortium would not offer
educational opportunities outside of the statutory protection of
what constitutes a "school day." For instance, she said, a
student could not do 10 hours of coursework in a single day.
9:01:56 AM
MS. TOBIN concluded her presentation, which read as follows
[original punctuation provided]:
(Page 39) Section 41. Establishes an applicability
deadline for the virtual education consortium as July
1, 2024.
MS. TOBIN clarified that July 1, 2024, is the date at which
federal funds would no longer be available. She then began her
presentation of Section 27, which would amend AS 14.17.505 by
increasing the amount of unreserved fund balance a school
district may carry forward to the next fiscal year from 10
percent to 25 percent.
9:03:00 AM
CO-CHAIR STORY asked for the rationale for increasing the
allowable unreserved fund balance.
MS. TOBIN explained that many school districts are handling
significant unreserved fund balances due to COVID-19 relief,
which are to be used in subsequent years to ensure students'
health and safety. She then said that Section 28 would add a
new subsection permitting a district to carry over more than 25
percent of the unreserved fund balance if the district meets
certain stipulations as defined within the subsection. Section
33 would amend AS 14.20.020 by directing the State Board of
Education & Early Development to assess and establish passing
scores on teacher competency exams, she said, with components in
reading, writing, math, and other subject areas.
9:04:42 AM
REPRESENTATIVE DRUMMOND asked whether Ms. Tobin was reading from
a set of notes.
MS. TOBIN replied that she was reading from the sectional
analysis.
9:05:11 AM
REPRESENTATIVE CRONK expressed that there is more to being an
effective teacher than passing a competency test.
CO-CHAIR STORY asked why a competency test would be included.
MS. TOBIN responded that Mississippi's program demonstrated
benefits from working with the local university to establish a
competency exam for the educators, though the competency exam
was not in statute.
9:07:30 AM
MS. TOBIN resumed her presentation of the sectional analysis for
Version I, which read as follows [original punctuation
provided]:
Section 38 Directs early education program staff to
be included in those organizations required to report
evidence of child abuse.
9:08:54 AM
REPRESENTATIVE CRONK asked what is meant by "early education
program staff."
MS. TOBIN replied that Section 38 would amend AS 47.17.290(12)
to add the early education program organization to the list of
mandatory reporters. She clarified that anyone who is working
within the organization and sees signs of child abuse would be
required to report to the authorities.
REPRESENTATIVE CRONK stated that he was "leery" of Section 38.
9:11:02 AM
KAREN MELIN, Deputy Commissioner, Department of Education and
Early Development, said there exist rules regarding mandatory
reporting, and she said the existing requirements should be
studied for congruency with existing statute.
REPRESENTATIVE CRONK asked whether proper training would be
provided to identify whether abuse is taking place.
CO-CHAIR STORY noted that many early childhood education
agencies are required to train staff.
9:12:56 AM
REPRESENTATIVE DRUMMOND pointed out that Chapter 17 of the
statute is about child protection, and that Section 38 of the
proposed legislation would add the early education program to
the list of mandatory reporters.
MS. TOBIN clarified that Section 38 would simply add the early
education program to the list of mandatory reporters, which
already includes Head Start and similar programs; she also
pointed out that the term "pre-elementary" is already included
in the statute. She pointed out that Section 17, on page 16,
lines 2-5 of the proposed legislation, would replace the term
"pre-elementary school" with "early education program," and that
Section 3, on page 2, lines 13-23, states that an early
education program would be a public program. She said any
educator who receives public funds to provide early education
programs, as provided by DEED, would become a mandatory reporter
and would, as such, receive all associated training.
9:15:02 AM
MS. TESHNER pointed out that the fiscal notes are from Version B
of HB 164, and should be dated April 15, 2021, so there will be
some discrepancies. She first detailed the fiscal note for
allocation to Early Learning Coordination, Office of Management
& Budget (OMB) component number 2912. She said this fiscal note
addresses the operation of the early education program, with
three full-time positions to include two education specialists
and one education associate beginning in FY 2022 to develop the
program. In addition to the salary and benefits for the three
positions, there are department chargebacks of $10,800 per
person and one-time costs of $5,000 per person for equipment, as
well as a one-time cost of $12,000 for legal services for the
Board of Education and Early Development to develop the new
regulations. The total cost in FY 2022 would be $381,900, she
said, with costs of $354,900 starting in FY 2023. The fiscal
note for the Parents As Teachers program, $474,400, is already
included in the department's budget and the governor's FY 2022
budget; the funding is necessary in order to continue the
program, she said, and would be adjusted as necessary through
the budget process as the program is implemented. She said the
early education grant program would be repealed on June 30,
2034.
9:19:08 AM
REPRESENTATIVE DRUMMOND asked what the chargeback of $10,500 per
person covers.
MS. TESHNER explained that chargebacks cover cost of services
provided by other departments, such as the Department of
Administration or Office of Information Technology.
REPRESENTATIVE DRUMMOND asked whether the Department of
Administration charges a fee for each new hire.
MS. TESHNER explained that the Department of Administration
relies on chargebacks for services such as phone usage, human
resources, and services for which the state can use economies of
scale to receive at a lower cost than individual departments
would be able to get.
9:22:19 AM
MS. TESHNER said that while the first fiscal note she discussed
was for managing the grants, the fiscal note now under
discussion was for the grants themselves. Page 3 of the fiscal
note shows the funding breakdown by fiscal year, she said, and
that there have since been changes to the note. The annual cap
of $3 million means DEED determined that a maximum of 624
students per year would be in each cohort, with a total of nine
cohorts per year, starting in FY 2023 and ending in FY 2031
before the program repeal date in FY 2034. She said the average
per-student cost was derived from costs in FY 2021, with the
total average cost calculated to $4,803 per student. The number
of students, multiplied by the average cost per student, totals
$2,997,000.00 for the three-year grant program.
9:25:01 AM
REPRESENTATIVE DRUMMOND said she was having difficulty following
the figures. She said she would rather work with a revised
fiscal note or a presentation. She described the fiscal note as
listing 368 students at $4,803 per student for FY 2025, with a
total cost of $1,767,504. She asked Ms. Teshner whether she was
describing a new chart to replace the chart in the current
fiscal note.
MS. TESHNER agreed that the fiscal note is difficult to
understand without a visual aid, and that she would provide an
updated chart based on the terms in Version I of the proposed
legislation.
9:27:03 AM
CO-CHAIR STORY announced that HB 164, Version I, was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB0173A.PDF |
HEDC 5/7/2021 8:00:00 AM |
HB 173 |
| HB 173 Sponsor Statement.pdf |
HEDC 5/7/2021 8:00:00 AM |
HB 173 |
| HB 173 Sectional Analysis.pdf |
HEDC 5/7/2021 8:00:00 AM |
HB 173 |
| Letters of Support.pdf |
HEDC 5/7/2021 8:00:00 AM |
|
| Letters of Support HB 173 4-26.pdf |
HEDC 5/7/2021 8:00:00 AM |
HB 173 |
| Supporting Documents.pdf |
HEDC 5/7/2021 8:00:00 AM |
|
| HB 173 Memo.pdf |
HEDC 5/7/2021 8:00:00 AM |
HB 173 |