Legislature(2009 - 2010)CAPITOL 106

02/23/2009 08:00 AM House EDUCATION


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08:01:37 AM Start
08:02:15 AM Overview(s): Department of Education and Early Development Discussion on the Governor's Proposed Pre-kindergarten Pilot Program.
09:24:23 AM HB23
10:09:31 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Dept. of Education and Early Development TELECONFERENCED
discussion on Governor's proposed
pre-Kindergarten pilot program
*+ HB 23 CLASS SIZE REDUCTION GRANTS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 23-CLASS SIZE REDUCTION GRANTS                                                                                               
                                                                                                                                
9:24:23 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the final order of  business would be                                                              
HOUSE  BILL  NO. 23,  "An  Act  establishing  a grant  program  to                                                              
support voluntary class size reduction."                                                                                        
                                                                                                                                
9:24:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HARRY   CRAWFORD,   Alaska   State   Legislature,                                                              
paraphrased  from his sponsor  statement  that this process  began                                                              
in about 2003.   He stated that the dropout rate  was bad then but                                                              
is worse now.   He opined that Alaska is failing  its children and                                                              
has a dropout  rate nearly double the national  average that leads                                                              
to a number of  negatives.  He offered that students  who complete                                                              
high school  earn an average of  $290,000 more in  their lifetime.                                                              
He related that  non-graduates are 68 percent more  likely to rely                                                              
on public assistance  and graduates are 20 percent  less likely to                                                              
commit violent  crimes.  He stated  that according to a  2002 U.S.                                                              
Government  Accountability  Office  study  nearly  80  percent  of                                                              
inmates  were  high   school  dropouts.    The   average  cost  of                                                              
incarceration  to the  State of  Alaska  in 2002  was $36,730  per                                                              
year.  Alaska  ranks as ninth in  the number of students  who will                                                              
earn a university Bachelor's degree in 10 years.                                                                                
                                                                                                                                
9:26:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD  related that HB 23 would give  a grant of                                                              
$8,000 to any school  district that will commit to  class sizes of                                                              
15 or under.   He explained that  the class size of  15 was chosen                                                              
because the  Project STAR, a  Tennessee based study,  tested three                                                              
class sizes, and  saw a dramatic increase in  performance in class                                                              
sizes  of  13-17  students.    Other   studies,  such  as  one  in                                                              
California in  which class  sizes were reduced  to 20  showed some                                                              
improvement,  but did  not  demonstrate the  dramatic  improvement                                                              
that smaller class sizes showed.                                                                                                
                                                                                                                                
9:28:23 AM                                                                                                                    
                                                                                                                                
ERIC CROFT  stated that  as a past  legislator, he had  previously                                                              
introduced similar  legislation.  He stressed the  many things can                                                              
be done to help  the school system, but the single  most important                                                              
thing is  to have students  enter school with appropriate  skills.                                                              
Additionally,  it is important  to have  a qualified teacher  with                                                              
time to  teach.  Despite technological  advances, it  remains that                                                              
the two most important  things are to enter school  ready to learn                                                              
and to have a  teacher who has time to teach  his/her students, he                                                              
stated.   He indicated  that particularly in  the K-3  classes the                                                              
class  size  is important.    He  characterized  this bill  as  an                                                              
antidote  to one-size  fits all  testing  model of  the "No  Child                                                              
Left Behind"  testing  model.  He  further opined  that by  adding                                                              
testing   requirements   without   providing   states   with   the                                                              
additional resources  does not do the school systems  justice.  He                                                              
mentioned that the  bill would not dictate what  the district must                                                              
do, but  if the  school districts  decide to  implement the  grant                                                              
program,  the program  can  be completed  at  their  own time  and                                                              
speed.   He pointed out that  California tried to  implement class                                                              
size  reduction  as  a  requirement  but  could  not  hire  enough                                                              
teachers or find that many buildings in a year or two.                                                                          
                                                                                                                                
MR. CROFT related  that the state can provide  the incentives, the                                                              
"road map", and  the funding to address two of  the most important                                                              
aspects of education.                                                                                                           
                                                                                                                                
9:33:33 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON inquired  as to whether school would  need to address                                                              
all classes from  kindergarten through third grade  (K-3) in order                                                              
to qualify for funding.                                                                                                         
                                                                                                                                
9:34:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD  explained that the intent of  HB 23 is to                                                              
make this  funding as flexible as  possible and have it  apply for                                                              
classes  K-3.     However,  a  school  may  need   to  begin  with                                                              
kindergarten and add classes as possible.                                                                                       
                                                                                                                                
9:35:39 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON directed  attention to the sectional  analysis titled                                                              
"House  Bill No.  23 -  Voluntary Class  Size Reduction  Sectional                                                              
Summary",  to Section  2 that  read: "Only  schools maintaining  a                                                              
class  size of  no more  than 15  in  grades kindergarten  through                                                              
three would be eligible for grants."                                                                                            
                                                                                                                                
REPRESENTATIVE  CRAWFORD answered  that his  intention is  to make                                                              
it  more  flexible  than  that.   In  further  response  to  Chair                                                              
Seaton, Representative  Crawford answered that he  was not certain                                                              
how  to   enforce  the  commitment   that  each   school  district                                                              
participate for  a minimum  of five years  to provide data  on the                                                              
efficacy.    He offered  his  belief  that  class size  will  reap                                                              
benefits.                                                                                                                       
                                                                                                                                
9:37:16 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  inquired as to what  measure of achievement  will be                                                              
used  to  track  the academic  progress  and  achievement  levels.                                                              
Chair Seaton  further inquired  if the  language in the  sectional                                                              
analysis   that  states   the  definition   for   "child  with   a                                                              
disability"  has the  meaning  in AS  14.30.350,  which refers  to                                                              
special education students.                                                                                                     
                                                                                                                                
REPRESENTATIVE  CRAWFORD  said  he  did  not  know.    In  further                                                              
response  to Chair  Seaton,  Representative  Crawford agreed  that                                                              
the  $8,000  funding  will  go   through  the  current  foundation                                                              
formula funding.                                                                                                                
                                                                                                                                
9:40:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  pointed out that  the title states  that it                                                              
is  to support  class size  reduction,  but he  recalled that  the                                                              
criteria for  the grant would require  a commitment to  that size.                                                              
He  related his  understanding that  half  of the  schools in  the                                                              
state could not meet that class size.                                                                                           
                                                                                                                                
REPRESENTATIVE  CRAWFORD  related   his  understanding  that  many                                                              
schools  statewide   have  small   class  sizes  but   have  other                                                              
problems.   The funding would also  act as an incentive  for those                                                              
classes to do a better job, he stated.                                                                                          
                                                                                                                                
REPRESENTATIVE  KELLER maintained  his  belief that  the title  of                                                              
the bill  needs to be  altered to include  a commitment  to reduce                                                              
class size versus requiring a reduction in class size.                                                                          
                                                                                                                                
9:42:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ referred to  the fiscal  note.   She pointed                                                              
out  that   the  fiscal  note  is   for  $118  [million]   but  in                                                              
calculating  the  five  year  grants   the  totals  to  about  $38                                                              
million.                                                                                                                        
                                                                                                                                
CHAIR SEATON  asked to hold questions  on the fiscal note  for Mr.                                                              
Jeans.                                                                                                                          
                                                                                                                                
9:43:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER provided  a district  scenario that  might                                                              
pose a  problem with  respect to  special education children  such                                                              
that a district  has 14 children  but the next child is  a special                                                              
education  child.   She  opined the  district  would lose  funding                                                              
allocation since the class size would exceed 15:1.                                                                              
                                                                                                                                
REPRESENTATIVE  CRAWFORD  stated  that if  the  special  education                                                              
child is  counted as  two, that  the class  would be divided  into                                                              
two entities to maintain the small size.                                                                                        
                                                                                                                                
9:44:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER inquired  as to how  many new teachers  and                                                              
classrooms  would  be  required   if  this  bill  passed  and  was                                                              
implemented.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD  related that  the  fiscal note  includes                                                              
all classrooms  that would be  eligible statewide, if  all classes                                                              
participated.  However,  he pointed out it would  not be realistic                                                              
to implement statewide.                                                                                                         
                                                                                                                                
9:44:59 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  referred  to  the sectional  again,  and  read,  "A                                                              
parent  of a child  may file  a complaint  in court  to require  a                                                              
district to  comply with and  enforce the class  size requirements                                                              
of this Act."   He inquired as to whether  Representative Crawford                                                              
thought  that the  bill refers  to  voluntary class  size when  it                                                              
seems to him  as though at least  one parent would file  a lawsuit                                                              
to force the school district to enforce the smaller class size.                                                                 
                                                                                                                                
REPRESENTATIVE CRAWFORD  answered that provision would  apply once                                                              
the  school district  agrees to  the  small class  size to  ensure                                                              
that the  class size was  maintained.   He stated that  the school                                                              
would  not  be forced  to  make  the commitment  to  reduce  class                                                              
sizes.                                                                                                                          
                                                                                                                                
CHAIR SEATON  suggested that  the sponsor  should request  a legal                                                              
opinion on  this point.   He opined that  a court challenge  could                                                              
come to the fore, given the existing language.                                                                                  
                                                                                                                                
9:47:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  offered his belief that nothing  prevents a                                                              
school district to  choose to have a low teacher  to student ratio                                                              
on its own.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CRAWFORD, in  response to  Chair Seaton,  answered                                                              
that the  grant would  fund certified/qualified  teachers  and not                                                              
teacher aides.                                                                                                                  
                                                                                                                                
9:47:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  stated that every single school  that could                                                              
get  a  teacher would  apply  since  this  would help  the  school                                                              
obtain additional funding.                                                                                                      
                                                                                                                                
REPRESENTATIVE CRAWFORD  said that that  would be the  intent, for                                                              
each school to implement this as quickly as possible.                                                                           
                                                                                                                                
9:48:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  related that classroom facilities  would be                                                              
an issue.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  CRAWFORD offered  that the intent  of the  bill is                                                              
not  to  make  small  classrooms  mandatory  but  to  get  smaller                                                              
classes in  place as quickly as  possible.  The results  for small                                                              
classes have been  demonstrated.  He said, "I just  don't think we                                                              
can afford  not to do  this."  Alaskan  children are  being failed                                                              
and  something needs  to change,  he added.   He  opined that  the                                                              
state  will spend  a lot  of money  to  try to  fix problems  with                                                              
education.   He  further opined  that directing  attention to  the                                                              
early grades  will garner results  throughout a student's  career.                                                              
He again said, "College begins in pre-school."                                                                                  
                                                                                                                                
9:50:17 AM                                                                                                                    
                                                                                                                                
CHAIR   SEATON   asked   what  percentage   of   districts   would                                                              
automatically  qualify   for  this  program  since   some  classes                                                              
already have less than 15 students.                                                                                             
                                                                                                                                
REPRESENTATIVE CRAWFORD deferred to Mr. Jeans.                                                                                  
                                                                                                                                
9:51:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON related her  understanding that  the impact                                                              
in funding could be considerable.                                                                                               
                                                                                                                                
REPRESENTATIVE  CRAWFORD addressed the  fiscal note  regarding the                                                              
Wrangell schools.   He opined that  the schools in  Wrangell would                                                              
receive almost $244,000 in additional funding.                                                                                  
                                                                                                                                
9:52:59 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  inquired as to  whether Representative  Crawford has                                                              
reviewed the base student allocation.                                                                                           
                                                                                                                                
REPRESENTATIVE CRAWFORD  recalled that  the fiscal note  was based                                                              
on 1.5 times the base student allocation.                                                                                       
                                                                                                                                
9:54:30 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON related  his understanding  that the  intent of  the                                                              
bill  is  to   provide  an  additional  $2,500   per  student  for                                                              
kindergarten  through third  grade.   If  a  school district  were                                                              
able to  make the  change for  kindergarten and  first grade  that                                                              
the bill would only apply to classes for 15 students or less.                                                                   
                                                                                                                                
9:56:23 AM                                                                                                                    
                                                                                                                                
EDDY  JEANS,  Director,  School Finance  and  Facilities  Section,                                                              
Department  of  Education  and Early  Development  (DEED),  stated                                                              
that  the DEED prepared  a  fiscal note  for HB 23.   He  directed                                                              
attention to  Page 2 of  the fiscal note.   He explained  that the                                                              
DEED reviewed  the total  number of students  enrolled in  K-3, by                                                              
district,  and assumed  that every  district would  apply for  the                                                              
grant  if they  do  not automatically  qualify  for  the grant  by                                                              
default  since  many of  the  schools  already  have a  ration  of                                                              
people  teacher ratios  (PTR) below  15:1.   He  related that  the                                                              
fiscal note  was based on a  school size adjustment of  .97, which                                                              
represents  the adjustment  that  schools would  receive from  the                                                              
school size  adjustment table  from 250-450  students.   He stated                                                              
that he  could have  picked another  adjustment,  but that  is the                                                              
one  selected  for  this  purpose.    He  further  explained  that                                                              
geographic  cost differentials  were  added to  the adjustment  as                                                              
well as 20 percent  for special needs funding.   Thus, the overall                                                              
cost was $118 million statewide, he stated.                                                                                     
                                                                                                                                
MR.  JEANS  opined   that  the  DEED  interpreted   the  costs  as                                                              
supplemental grants  above the base student allocation  (BSA).  He                                                              
reviewed the  calculation which  he said was  applied that  to the                                                              
adjusted attendance  area and average daily membership  (ADM).  He                                                              
explained that  for 2011-2015  the same adjustment  was used.   He                                                              
mentioned  that an  additional $7,476  is added  for each  year to                                                              
adjust for the consumer price index (CPI).                                                                                      
                                                                                                                                
9:59:02 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON related  his understanding  that the  basis for  the                                                              
fiscal  note is $118  million and  the other  funds are  estimated                                                              
for Consumer  Price Index (CPI)  adjustment, but the  $118 million                                                              
is  the base  amount  since it  represents  the  beginning of  the                                                              
program.                                                                                                                        
                                                                                                                                
MR. JEANS agreed.   He stated that once the funds  are in the base                                                              
funding and the additional years would be adjusted for the CPI.                                                                 
                                                                                                                                
9:59:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ  related   that  the  fiscal  note  is  $118                                                              
million  plus the  CPI for  the five years.   She  inquired  as to                                                              
whether any  cost is included for  additional space that  might be                                                              
needed to implement the smaller classroom sizes.                                                                                
                                                                                                                                
MR.  JEAN answered  no.   However,  he  noted  that typically  the                                                              
larger urban  schools would  need additional  space.   However, he                                                              
explained that  if HB 23  were to pass,  that would be  taken into                                                              
consideration  when the  department  considered space  eligibility                                                              
to  allow municipalities  to request  additional  money to  expand                                                              
their facilities.                                                                                                               
                                                                                                                                
10:00:46 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON returned  to  his question  regarding  the ratio  of                                                              
schools whose PTR is below 15 for K-3 classrooms.                                                                               
                                                                                                                                
MR. JEANS offered  to provide an estimate for the  committee.  The                                                              
larger  urban areas  have  a ratio  that is  over  1:15 with  most                                                              
reporting  classroom sizes  of 17 to  18 PTR.   He explained  that                                                              
the  way  that this  bill  would  work  is to  provide  additional                                                              
funding on a per child basis.                                                                                                   
                                                                                                                                
10:01:48 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  expressed concern  that the  bill would  not provide                                                              
enough funding to  incrementally implement the program.   He posed                                                              
several  instances  in  which  a  school might  have  to  split  a                                                              
classroom or hire additional teachers.                                                                                          
                                                                                                                                
MR.  JEANS  offered to  provide  the  information.   However,  Mr.                                                              
Jeans opined that  the fiscal note for HB 23  would provide enough                                                              
funding to hire  the teachers the schools would need  to hire.  He                                                              
posed  a scenario in  which Glacier  Valley School  has 2  classes                                                              
for each grade  from K - 3.   He related that if the  school has a                                                              
17:1 ratio,  that probably only  two additional children  would be                                                              
in  each of  the six  classes  so one  or  two additional  classes                                                              
would  be  created  to  fulfill  the smaller  class  ratios.    He                                                              
further  opined   that  the  smaller  schools  already   meet  the                                                              
requirements  but would gain  additional  revenue under the  bill.                                                              
He  opined that  many small  schools are  operating at  a 10:1  or                                                              
less PTR ratio.                                                                                                                 
                                                                                                                                
10:04:15 AM                                                                                                                   
                                                                                                                                
MR.  JEANS   addressed  Representative  Gardner's   question  that                                                              
adding an  extra special  education child to  the class  would put                                                              
the school  over the  ratio of 15:1  PTR.   He responded  that the                                                              
child would not  be counted as two students,  except when applying                                                              
the formula to generate revenue, and not for the PTR ratio.                                                                     
                                                                                                                                
10:04:42 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  WILSON inquired  as to  what would  happen if  the                                                              
student count  was 15  and an  additional child  was added  to the                                                              
class.                                                                                                                          
                                                                                                                                
MR. JEANS  explained that  scenario would  trigger subsection  (d)                                                              
which is  where the  child's parents or  the state would  petition                                                              
the court  to enforce  the smaller classroom  size.   He indicated                                                              
that this  subsection is  the enforcement aspect  of the  bill for                                                              
compliance.   He emphasized  that  if a school  district gave  its                                                              
assurance that  it would  maintain a  smaller classroom  size, the                                                              
mechanism  exists   for  the  parents   or  the  state   to  force                                                              
compliance.                                                                                                                     
                                                                                                                                
10:05:43 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  maintained his concern  regarding the  legal aspect,                                                              
such  that  a  parent could  assert  that  funding  is  available,                                                              
his/her  school  district is  opting  to  offer a  lesser  quality                                                              
education than is available statewide.                                                                                          
                                                                                                                                
MR. JEANS answered that he understood Chair Seaton's concern.                                                                   
                                                                                                                                
10:07:23 AM                                                                                                                   
                                                                                                                                
MR. JEANS,  in response to  Representative Wilson,  explained that                                                              
the fiscal  note reflects the changes  over the prior year.   Once                                                              
the change has occurred,  it becomes part of the  base.  Thus, the                                                              
$118 million is the base and is carried forward, he noted.                                                                      
                                                                                                                                
10:07:50 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE WILSON  related her understanding that  the cost is                                                              
actually higher since the fiscal note costs are cumulative.                                                                     
                                                                                                                                
MR. JEANS  reiterated that  implementing HB  23 would  require and                                                              
additional   $118   million   from  this   point   forward,   plus                                                              
adjustments for each additional year.                                                                                           
                                                                                                                                
10:08:20 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE WILSON  asked how much more will the  cost be for a                                                              
five year period.                                                                                                               
                                                                                                                                
MR. JEANS answered  that it would cost approximately  $600 million                                                              
over a five-year period.                                                                                                        
                                                                                                                                
10:08:58 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  inquired as to whether  a $100 increase in  the base                                                              
allocation amounted to about $20 million.                                                                                       
                                                                                                                                
MR.  JEANS  agreed  that  the increase  would  range  from  $20-22                                                              
million.                                                                                                                        
                                                                                                                                
MR. JEANS, in response to Chair Seaton agreed that is a fair                                                                    
assessment that the cost of implementing HB 23 would represent a                                                                
base allocation increase of $500 statewide                                                                                      

Document Name Date/Time Subjects
HB 23 materials.pdf HEDC 2/23/2009 8:00:00 AM
HB 23
Pilot Pre-K Requirements (2).doc HEDC 2/23/2009 8:00:00 AM