Legislature(2003 - 2004)
02/27/2004 09:06 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 289
"An Act extending the termination date of the special
education service agency; and providing for an effective
date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken stated this bill, sponsored by Co-Chair Green,
"extends the termination date of the Special Education Service
Agency (SESA) until June of 2013, an additional nine years."
JACQUELINE TUPOU, staff to Co-Chair Green, testified as follows.
The Alaska Legislature had established the Special Education
Service Agency in '86. And the purpose of it was to help
schools and infant learning programs that had children with
severe disabilities where they had no local expertise to
provide that for them. They make it possible for those
districts that either a low or remote attendance or, for
instance if you were in a school district that had one blind
child, or one disabled child. It enables those students to
receive those services in their community. Those students
would otherwise have to leave their families and communities
and go into costly residential treatment programs, which would
be at a huge cost to the State. So as intended by the
Legislature, they deliver student-specific services
specifically to small school districts, but they have lots of
programs that are available statewide, such as workshops,
courses, library, newsletter, and a website, that all schools
have available to them.
We recognize at this time that the availability of the
personnel that have specialization in student disabilities has
really decreased. At the same time, the incidences of students
that have these severe disabilities has really increased,
causing a lot of problems in different states.
We have this bill before you that will extend the SESA
education service agency for another nine years until June 30,
2013.
CHRIS ROBINSON, Executive Director, Special Education Service
Agency, testified that he was available to respond to questions.
PAT DAVIDSON, Director, Division of Legislative Audit testified to
the report published December 18, 2003 auditing the Agency [copy on
file]. She relayed that during the course of conducting this audit
the Division found that almost all school districts gave statements
in support of SESA operations and the continuation of the Agency,
as well as requests for increased funding of the Agency. She stated
that based on the findings of the audit, the Division issued a
recommendation to extend the termination date for four years to the
year 2008.
Ms. Davidson spoke to recommendations included in the report,
mostly to address efficiency issues; primarily a recommendation to
expand the use of teleconferencing "between the SESA expertise and
the school districts". She noted this would result not only in cost
savings, but would also provide more services to school districts,
a request expressed by the districts. She suggested that through
the utilization of teleconferencing services, the Agency would have
increased contact with school districts. She predicted that over
the next four to six years, the Agency would substantially change
its delivery of services, which could be assessed at the time the
recommended four-year extension neared completion.
Ms. Davidson characterized efficiency issues identified in the
audit as "minor", including a recommendation that managers pursue
the availability of the "e-government discount" for
telecommunications expenses. She said the report also encourages
SESA to stress its status as a State agency rather than a not-for-
profit organization in securing lower prices with vendors as well
as in filing paperwork with the federal Internal Revenue Service.
Ms. Davidson said the Audit found that representatives of the
Department of Education and Early Development and the Governor's
Council on Disabilities and Special Education were not attending
SESA meetings. She stressed this is a crucial element of State
oversight of SESAs operations.
Senator Olson asked what specific changes were necessary to measure
the delivery of services.
Ms. Davidson replied that pilot programs must be implemented to
start delivering those services. She explained that specialists
were helping onsite instructors and teachers.
Senator Olson asked if the current activities are ineffective.
Ms. Davidson corrected they are very effective; however the audit
suggests that the contact could be increased. She noted the
availability of video conferencing equipment currently used for
telemedicine.
Senator Olson noted the legislation provides a nine-year extension
and asked the consequences of the longer extension.
Ms. Davidson gave two reasons for a shorter extension. She admitted
that the existence of a federally mandated program is an argument
for a longer extension, although a four-year extension allows the
legislature to review SESA operations. She qualified that the
longer extension could be granted and the legislature could request
periodic audits in addition to the automatic audits conducted when
an entity reaches completion of its current term. She stated,
however, that statutory changes to programs are usually offered in
conjunction with extensions under the theory that legislation would
pass easier to avoid sun-setting the entity.
Co-Chair Green noted she was troubled by the amount of time taken
and required of SESA to receive extensions. She remarked that a
nine-year extension would provide the organization stability in the
knowledge that it would continue.
Co-Chair Wilken asked if other entities have been given nine-year
extensions.
Ms. Davidson responded that the previous extension of SESA was ten
years.
Co-Chair Wilken shared that he was intrigued by Commissioner
Sampson's assertion that SESA was unable to conclude that video
conferencing would become "the norm" at this time, given the over
80 sites with this capacity.
Ms. Davidson relayed that it would require a substantial change in
the method in which SESA delivers services. She furthered that
without "history" in the process, the Commissioner was unwilling to
"recognize that as the new norm for service delivery without more
experience."
DUANE GUILEY, Finance Officer, Special Education Service Agency,
testified via teleconference from Anchorage that he was available
to answer questions.
Mr. Robinson expressed that an extension of only four years would
have a negative impact on recruitment of staff. He told of the
several specialists vacancies, with up to six more anticipated,
based on the average tenure of 9.8 years. He detailed his 20 years
in this field and 14 years recruiting specialists for SERA. He
informed of the national shortage of qualified specialists,
cautioning, "it is not a seller's market". He remarked on the
difficulty in convincing specialists to relocate to Alaska without
certainty that the program would continue. He indicated that if the
agency were understaffed, financial consequences would occur.
Mr. Robinson also pointed out that other recommendations contained
in the audit appear to be long term and in conflict with a short-
term sunset date on the Agency.
Co-Chair Wilken asked the witness to address the reluctance to
commit to a videoconference process.
Mr. Robinson responded that only a minority of schools in the State
has videoconference capability. He speculated that focus on
utilizing these could result in an uneven distribution of services.
He also reminded that many efforts to implement a videoconferencing
system have been unsuccessful and stressed that SESAs capacity to
utilize the systems relies on "end user capacity". He was uncertain
whether schools in some villages could comply. He qualified,
however, that the Board of SESA has indicated intent to utilize
teleconferencing systems, especially for training purposes. He was
skeptical that videoconferencing could ever replace all onsite
visits. He explained the need for the specialists to understand not
only the student, but also the environment surrounding the student.
Mr. Robinson spoke to the benefits of allowing students to remain
in their homes and attend their local schools, rather than be
moved, as is done in other states.
Co-Chair Wilken pointed out that the first videoconferencing
systems were installed ten years prior, and agreed that many were
disappointed in its performance. However, he noted that the
original technology did not involve fiber optic cables, as are
currently available and significantly improved performance.
Co-Chair Wilken noted a spreadsheet titled, "SESA Outreach Methods
by School District" [copy on file] that listed each school district
and asked if any of the sites have been identified for
videoconferencing programs.
Mr. Robinson answered yes and referenced a spreadsheet titled,
"Student-Specific Consultations Caseload Count, FY 2004 2nd
Quarter" [copy on file]. He told of a competitive grant awarded to
SESA to develop an Alaska Autism Resource Center. He stressed that
this contract was "highly technology intensive" and specifically
proposed the use of videoconferencing to maximize an "under-funded
contract given the State need for information and assistance in
autism." He told of contracts with General Communications
Incorporated (GCI) to implement videoconferencing services in the
Bering Strait, Chugiak, Lower Kuskokwim, Lower Yukon, Northwest
Arctic, and Southwest Region school districts.
Co-Chair Wilken knew of a demand for autism spectrum disorders
services in Fairbanks, although no services were available. He
expressed intent to discuss the matter further at a later date.
Mr. Robinson informed that the Center is a resource to Fairbanks
and other communities. He told of the high attendance at a recent
two-day course and seven conferences.
Co-Chair Wilken asked whether the Legislature should mandate
attendance of Department of Education and Early Development and
Governor's Council on Disabilities and Special Education
representatives at SESA board meetings.
Mr. Robinson detailed the collaboration and working relationship
between SESA, the Department and the Council. He attributed the
lack of attendance to the multiple competing responsibilities and
high turnover rates of the particular staff. He surmised that
because SESA functions successfully, it is not a "problem area" and
therefore not of concern for the Department or the Council.
Co-Chair Wilken again asked whether attendance should be mandatory.
Mr. Robinson responded it should not, noting that "the point has
been made" and that both agencies were represented at the SESA
meeting held in February. He predicted the board would become more
assertive in its response to any future nonattendance.
Co-Chair Green offered a motion to report the bill from Committee
with individual recommendations and accompanying fiscal note.
There was no objection and SB 289 MOVED from Committee with zero
fiscal note #1 from the Department of Education and Early
Development.
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