Legislature(2009 - 2010)CAPITOL 106

04/01/2009 08:00 AM House EDUCATION


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08:00:57 AM Start
08:01:39 AM Confirmation Hearing(s)|| Professional Teaching Practices Commission
08:13:57 AM HB197
09:34:41 AM HB204
10:04:21 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 197 VIRTUAL CHARTER SCHOOLS TELECONFERENCED
Heard & Held
+ Confirmation Hearings: TELECONFERENCED
Board of Education, Professional Teaching
Practices Commission
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 204 POSTSECONDARY MEDICAL EDUC. PROG. TELECONFERENCED
Heard & Held
HB 197-VIRTUAL CHARTER SCHOOLS                                                                                                
                                                                                                                                
8:13:57 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 197, "An  Act establishing minimum  standards for                                                               
open enrollment virtual charter  schools; and relating to student                                                               
count estimates and facilities constituting a school."                                                                          
                                                                                                                                
8:15:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER, speaking  as the prime sponsor  of HB 197,                                                               
highlighted that Alaska  has a challenge since 37  percent of the                                                               
state's schools  have less than  100 students and are  located in                                                               
rural  remote  settings.   However,  the  solution  of  education                                                               
technology  has been  available for  a  number of  years now,  as                                                               
related in the 2006 Legislative  Resolve 43.  Legislative Resolve                                                               
43 served  as the backdrop  for HB  197.  Technology,  he opined,                                                               
mitigates  the impact  of distance  and time.   In  fact, in  the                                                               
Lower 48  there's a  47 percent  increase in  the use  of on-line                                                               
courses   by   educators   across    the   nation   since   2006.                                                               
Representative Keller explained  that the idea with HB  197 is to                                                               
create  open enrollment  virtual charter  schools with  standards                                                               
that raise the bar a bit,  particularly for those in rural areas.                                                               
He  stated  that   HB  197  won't  change   anything;  it  merely                                                               
establishes a  standard for  these virtual  charter schools.   He                                                               
noted that  he has  asked the Department  of Education  and Early                                                               
Development (EED) to  help with the language in  the last section                                                               
of  HB 197,  to  which EED  agreed.   The  legislation, which  he                                                               
characterized  as  fairly  simple,  assures that  there  is  open                                                               
enrollment for  charter schools with  on-line access  to courses,                                                               
records, and individual  learning plans.  The  school boards will                                                               
be  consulted  regarding  how  best   to  form  these  individual                                                               
learning plans, monitoring  the process of the  students, and the                                                               
assessment process.   He characterized it as  a charter contract.                                                               
Representative  Keller   expressed  interest  in   the  committee                                                               
helping him to refine the  standards for virtual charter schools.                                                               
He then  pointed out  that there will  be a  conceptual amendment                                                               
necessary  to address  the portion  of the  legislation regarding                                                               
when student counts  are performed due to the  open enrollment of                                                               
these charter schools.                                                                                                          
                                                                                                                                
8:19:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER,  in  response to  Representative  Wilson,                                                               
explained that typically most schools  aren't open year round for                                                               
enrollment.  Therefore,  students may enroll at  certain times of                                                               
the year  when they wouldn't  be counted in that  schools student                                                               
count.   In  such  cases, the  enrolling  school doesn't  receive                                                               
funding for the student who enrolled after open enrollment.                                                                     
                                                                                                                                
REPRESENTATIVE WILSON  opined that  such happens in  all schools.                                                               
She  related that  she  knows  of a  school  that received  three                                                               
intensive needs  students after the  student count, and  thus the                                                               
school never received funding for those students.                                                                               
                                                                                                                                
REPRESENTATIVE KELLER  requested that  discussion on  that matter                                                               
be held once the conceptual amendment is offered.                                                                               
                                                                                                                                
8:21:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER, completing  his presentation  of HB  197,                                                               
explained that  the next to  the last section of  the legislation                                                               
specifies that  part-time students in an  open enrollment charter                                                               
school  will  not  be  counted in  the  districts  average  daily                                                               
membership  (ADM).   The very  last section  of HB  197 could  be                                                               
deleted,  he  noted, and  the  legislation  would still  be  very                                                               
valuable.   He  opined  that a  virtual  open enrollment  charter                                                               
school likely  won't have as  much difficulty reaching  a minimum                                                               
size  as  would  a  smaller   district.    Representative  Keller                                                               
explained that  since standards for  the open  enrollment virtual                                                               
charter  schools  are  going  to be  set  higher  than  [existing                                                               
schools], perhaps then any school  meeting these higher standards                                                               
could  qualify  with  a  smaller [ADM].    However,  penning  the                                                               
language to that  effect became difficult, which is  why he asked                                                               
EED for help.                                                                                                                   
                                                                                                                                
8:23:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ surmised then that one  goal of HB 197 is to                                                               
allow existing  schools to increase  enrollment by  providing on-                                                               
line services outside of the district.                                                                                          
                                                                                                                                
REPRESENTATIVE KELLER clarified  that is the intent  of the first                                                               
section  of HB  197, while  the last  section is  to include  any                                                               
charter  or alternative  school  that would  choose  to meet  the                                                               
standards of the open enrollment charter school.                                                                                
                                                                                                                                
8:23:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ further  surmised that  HB 197  would allow                                                               
existing schools  to provide their  curriculum statewide  as well                                                               
as new virtual charter schools.                                                                                                 
                                                                                                                                
REPRESENTATIVE  KELLER  further  clarified that  the  legislation                                                               
would  allow a  district that  forms an  open enrollment  virtual                                                               
charter school to offer those  courses across the state, not just                                                               
any school.                                                                                                                     
                                                                                                                                
8:24:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  asked then  whether existing  schools would                                                               
be able to  offer their existing curriculum on-line  in a virtual                                                               
charter school.                                                                                                                 
                                                                                                                                
REPRESENTATIVE KELLER  answered that  there is no  restriction on                                                               
that.                                                                                                                           
                                                                                                                                
8:24:42 AM                                                                                                                    
                                                                                                                                
JIM  POUND,  Staff,  Representative   Wes  Keller,  Alaska  State                                                               
Legislature, specified that  essentially existing charter schools                                                               
would be  able to expand  into the virtual capability  by meeting                                                               
the standards set out in HB 197.                                                                                                
                                                                                                                                
8:25:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH  remarked that  he believes  the state  is on                                                               
the cusp of some revelations,  with [virtual education] being one                                                               
of  them.   He thanked  the  sponsor for  his efforts.   He  then                                                               
directed  attention  to the  sectional  analysis  for Section  1,                                                               
which specifies  that the open enrollment  virtual charter school                                                               
will  exceed  the  minimum high  school  graduation  requirements                                                               
through  direct engagement  with  the student  and the  student's                                                               
parent to establish a learning plan.   He inquired as to where in                                                               
the legislation it requires some sort of contact.                                                                               
                                                                                                                                
REPRESENTATIVE  KELLER explained  that  in order  to  be an  open                                                               
enrollment  charter school,  there has  to be  a plan  or charter                                                               
with the school  board.  What the plan or  charter has to include                                                               
is specified  on page 2,  lines 10-14, including:   "if possible,                                                               
the  student's  parents,  in the  development  of  the  student's                                                               
individualized learning plan".                                                                                                  
                                                                                                                                
8:27:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH  acknowledged that language, but  opined that                                                               
it isn't  direct contact, which  he interpreted to  mean face-to-                                                               
face or ear-to-ear.  He further  acknowledged that the idea is to                                                               
be in  a virtual environment.   However, he expressed  his desire                                                               
for there to be assessment  capabilities whereby there is a means                                                               
to assess the ongoing contact required.                                                                                         
                                                                                                                                
REPRESENTATIVE KELLER stated  that the intent is to  try to avoid                                                               
micromanaging  at  the  statutory  level.    The  legislation  is                                                               
written  as it  is because  it's problematic  to define  what the                                                               
meeting consists of.   The intent of the  language, he specified,                                                               
is to charge  the district with making a plan.   He conceded that                                                               
perhaps it would  be appropriate to include the  term "direct" in                                                               
reference to the contact language.                                                                                              
                                                                                                                                
8:29:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  related her understanding that  one of the                                                               
core principles of  charter schools is parental  involvement.  If                                                               
the aforementioned is going to  be changed, she expressed concern                                                               
that a parent  who doesn't have time to be  involved with his/her                                                               
children would decide to enroll  his/her children in this type of                                                               
distance   learning  program.      She   expressed  interest   in                                                               
maintaining the core principles for charter schools.                                                                            
                                                                                                                                
REPRESENTATIVE  KELLER  said that  isn't  the  intent.   An  open                                                               
enrollment  virtual   charter  school  is  organized   under  the                                                               
existing charter school law, which  includes an advisory panel of                                                               
parents that  run the  school.   The aforementioned  will remain.                                                               
This proposed legislation  specifies that in order  to qualify as                                                               
an  open  enrollment virtual  charter  school,  the plan  has  to                                                               
include working with the student  and his/her parents in order to                                                               
have   a  plan   for  graduation   and  post-graduation.     This                                                               
legislation merely adds  to what a charter school  already is and                                                               
doesn't take anything away.                                                                                                     
                                                                                                                                
8:31:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER asked  if it's  possible for  a group  of                                                               
parents to form a  school such as proposed in HB  197 and ask for                                                               
approval under existing charter school regulations.                                                                             
                                                                                                                                
REPRESENTATIVE KELLER  answered absolutely.  In  further response                                                               
to Representative  Gardner, Representative Keller  explained that                                                               
HB 197  encourages the  standards to be  raised.   He highlighted                                                               
the  fact that  under HB  197  open enrollment  would occur  year                                                               
round, which he characterized as an improvement.                                                                                
                                                                                                                                
8:32:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  surmised then that already  parents could                                                               
come  together to  form a  charter school  and could  decide that                                                               
it's going to be a year  round, virtual school.  She related that                                                               
she's confused as to why this legislation is necessary.                                                                         
                                                                                                                                
REPRESENTATIVE KELLER  reiterated that 37 percent  of the state's                                                               
schools are  quite small and remote.   There are parents  in some                                                               
districts that have a vision  that goes beyond their district and                                                               
rural  school.   Therefore,  this legislation  would establish  a                                                               
parameter  that  would  require a  charter  school  that  reaches                                                               
across the  state to meet  the standards set out  in HB 197.   He                                                               
echoed  his  earlier  desire  to  raise  the  bar  and  set  high                                                               
standards.  He reminded the  committee that in the last two-three                                                               
years alone  there has been a  47 percent increase in  the number                                                               
of on-line  courses students are  taking.  Therefore,  the intent                                                               
of HB 197  is to catch the  wave of on-line courses  and set high                                                               
standards.                                                                                                                      
                                                                                                                                
8:35:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  recalled that there's an  on-line statewide                                                               
charter  school operated  out of  Galena.   Therefore, she,  too,                                                               
questioned how  HB 197 changes  what's allowed under  the current                                                               
law.   Additionally, Representative Munoz recalled  that existing                                                               
law  has a  cap that  only allows  60 charter  schools statewide.                                                               
She suggested  that it would  be helpful to  have an idea  of the                                                               
number of charter  schools being contemplated under HB  197.  She                                                               
then  questioned  whether  the  sponsor  contemplated  a  minimum                                                               
enrollment.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KELLER  clarified that  the  Galena  School is  a                                                               
correspondence  program.    This  legislation  proposes  an  open                                                               
enrollment  virtual charter  school that's  not a  correspondence                                                               
program.  He  pointed out that charter schools are  the only type                                                               
of  school  that's well-defined  in  statute.   This  legislation                                                               
doesn't propose  a home school  support program, like the  one in                                                               
Galena.  Representative  Keller said that he  is comfortable with                                                               
the  existing cap  on the  number of  charter schools  statewide.                                                               
With regard  to the  minimum number of  students to  constitute a                                                               
school,  he  opined that  it's  less  of  a problem  for  virtual                                                               
schools because  the potential student  base is much wider.   The                                                               
last section of  HB 197 includes the cap in  order to benefit the                                                               
existing  charter schools  and alternative  schools because  it's                                                               
not really necessary for the open enrollment charter schools.                                                                   
                                                                                                                                
8:38:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH inquired as  to the availability of resources                                                               
to  support the  necessary technology  for these  virtual charter                                                               
schools.                                                                                                                        
                                                                                                                                
REPRESENTATIVE KELLER  pointed out that there  are different ways                                                               
that technology can  be utilized.  For example, there  could be a                                                               
situation in which  a teacher is giving a lesson  to students who                                                               
are  on-line.    The  aforementioned   would  require  a  lot  of                                                               
bandwidth.  "We are  not set up to do that  across the state," he                                                               
acknowledged.   However,  all schools  have Internet  connections                                                               
and course downloads  could be performed at night.   According to                                                               
the 2000 census, 70 percent of  Alaskans are already on-line.  He                                                               
noted  that  the  Yukon  Kuskokwim  Delta  area  schools  have  a                                                               
microwave  system between  schools, and  therefore they  could do                                                               
really exotic schools.                                                                                                          
                                                                                                                                
REPRESENTATIVE BUCH commented that  he found it interesting since                                                               
the Yukon Kuskokwim Delta area  schools have the worst reputation                                                               
in the state.   He then commented that perhaps HB  197 may be the                                                               
answer.                                                                                                                         
                                                                                                                                
8:40:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON characterized what's  proposed in HB 197 as                                                               
essentially a virtual  correspondence school.  She  asked if this                                                               
proposed open  enrollment charter school  has to follow  the same                                                               
rules as correspondence schools.                                                                                                
                                                                                                                                
REPRESENTATIVE KELLER  answered that any number  of technological                                                               
approaches could  be used,  such as e-mail.   Virtual  means that                                                               
technology  is used  as the  vehicle for  the student's  learning                                                               
plan.   He stated that  a virtual  school won't be  restricted by                                                               
the rules  that apply  to a correspondence  school program.   The                                                               
legislation  proposes   a  charter  school  and   those  are  the                                                               
regulations and  rules under which  it will operate.   In further                                                               
response   to   Representative  Wilson,   Representative   Keller                                                               
clarified that  this legislation  is for full-time  students, not                                                               
part-time students.  He said he  would expect a student to enroll                                                               
in a  virtual charter school,  create a graduation plan  and meet                                                               
the postsecondary training requirements,  and follow through with                                                               
the specified class courses.                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON remarked  that she  understood that  to be                                                               
what correspondence  schools do.   Therefore, she  questioned how                                                               
what this  legislation proposes is different  from correspondence                                                               
schools.  She then asked about  Section 3 and whether it's at the                                                               
point at which it should even be discussed.                                                                                     
                                                                                                                                
REPRESENTATIVE KELLER  confirmed that Section 3  is not complete.                                                               
He related  that although  he has a  conceptual amendment  to fix                                                               
Section  3, he  recommended  waiting to  hear  EED's comments  on                                                               
Section 3 as well as Section 1.                                                                                                 
                                                                                                                                
8:45:21 AM                                                                                                                    
                                                                                                                                
MR. POUND,  in response to  earlier comments and  questions, said                                                               
that the difference between the  proposed virtual charter schools                                                               
and  the existing  virtual correspondence  schools are  that they                                                               
are  specialized.   He  informed the  committee  that the  Native                                                               
Culture  Charter   School  in  Anchorage  spent   several  months                                                               
attempting to obtain  enough students to make  the school viable.                                                               
The proposed virtual charter school  would provide an opportunity                                                               
for the Native  Culture Charter School to reach out  to the rural                                                               
areas  and become  viable.   This  legislation  also provides  an                                                               
opportunity for the  Wrangell school system to  use this proposed                                                               
model  and avoid  the  ADM problems  it has  faced  in the  past.                                                               
Furthermore, schools such  as those in Tenakee  Springs, which is                                                               
advertising  for students,  could utilize  this proposed  virtual                                                               
program to satisfy ADM requirements.   Those are communities that                                                               
aren't  even  that  rural,  he  stressed.    However,  there  are                                                               
communities in  northern Alaska where  there might be  only three                                                               
students  at  a  school,  and   those  students  don't  have  the                                                               
opportunity for a  quality education.  What's proposed  in HB 197                                                               
will  provide  the  aforementioned students  the  opportunity  to                                                               
receive  a quality  education based  on the  specified graduation                                                               
standards.                                                                                                                      
                                                                                                                                
8:47:35 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON suggested that it's  much more likely that a virtual                                                               
charter school will be formed  in Juneau or Anchorage rather than                                                               
Tenakee Springs, and thus the  ADM of other schools will decrease                                                               
and perhaps  even to the  point of  having to close  the physical                                                               
school.                                                                                                                         
                                                                                                                                
MR. POUND  noted his agreement,  but pointed out that  the school                                                               
buildings likely won't close because  they often also function as                                                               
the community  centers.   He then suggested  that even  under the                                                               
charter  school system  there will  likely be  a requirement  for                                                               
some  sort of  educator  to remain  in the  village  in order  to                                                               
maintain some kind of education level.                                                                                          
                                                                                                                                
8:48:38 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON related  his understanding that in  Hope the school,                                                               
which is  owned by  the school  district, will  close if  the ADM                                                               
drops  below 10  for  two years  in  a row.    He reiterated  his                                                               
concern that  this proposal may  close the main  functioning part                                                               
of many small Alaskan communities.                                                                                              
                                                                                                                                
MR.  POUND said  that he  isn't  familiar with  the situation  in                                                               
Hope,  but is  familiar with  northern Alaska  where most  of the                                                               
schools are community centers.                                                                                                  
                                                                                                                                
8:50:06 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON posed a scenario in  which the school is operated by                                                               
a  single  site  school  district  and the  ADM  falls  below  10                                                               
students.   In  such a  scenario no  funding will  come from  the                                                               
state to  that school  district.   Therefore, he  questioned what                                                               
will allow that school building  to remain open without any state                                                               
funding coming to the school district.   He expressed the need to                                                               
consider  the  aforementioned  since  the  legislation  has  been                                                               
presented as a way in which to keep schools open.                                                                               
                                                                                                                                
MR.  POUND acknowledged  that the  [legislation  could result  in                                                               
school  closures, but  opined  that it  could  also keep  schools                                                               
open].   For example, Galena  and Nenana  are two of  the largest                                                               
operating correspondence schools in the state.                                                                                  
                                                                                                                                
8:51:17 AM                                                                                                                    
                                                                                                                                
MR.  POUND, returning  to earlier  questions  and comments,  said                                                               
that from  the perspective  of the  individual the  technology is                                                               
capable [of fulfilling the needs  of this proposal].  With regard                                                               
to the broadband capability that  the companies advertise, it may                                                               
be a challenge to prove that  they have the high speed technology                                                               
necessary.    He  related  that his  first  exposure  to  virtual                                                               
classrooms was at the University  of Alaska Southeast back in the                                                               
1990s.  He  imagined that the technology has  advanced much since                                                               
that time.   Furthermore, students  today are  very sophisticated                                                               
with  technology  and  computers  have the  potential  to  be  an                                                               
education enabler.                                                                                                              
                                                                                                                                
8:53:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON  directed  attention to  the  language  in                                                               
Section  2 of  HB  197 and  asked if  the  terms "part-time"  and                                                               
"enrolled" are  clearly defined.   He asked  if a  student taking                                                               
one virtual course would result  in the student being enrolled in                                                               
the virtual school.                                                                                                             
                                                                                                                                
REPRESENTATIVE  KELLER  said that  he  would  make note  of  that                                                               
question to which he would respond later.                                                                                       
                                                                                                                                
8:54:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH  asked if a  demonstration of  equipment that                                                               
might be  used in  the virtual classroom,  such as  smart boards,                                                               
would be brought before the committee.                                                                                          
                                                                                                                                
8:55:35 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON related his understanding  that HB 197 doesn't apply                                                               
to a correspondence  school, per the language on page  1, line 6.                                                               
However,   he   questioned  whether   that's   the   case  if   a                                                               
correspondence  school  developed   an  "individualized  learning                                                               
plan"  for  each  student  as  outlined on  page  2,  lines  3-6.                                                               
Therefore, he  surmised, "Wouldn't  that fit  the exact  bill and                                                               
wouldn't correspondence  schools for the funding  difference from                                                               
.8  to  this funding  all  just  convert  over to  being  virtual                                                               
charter schools?"                                                                                                               
                                                                                                                                
REPRESENTATIVE  KELLER  related  his  belief that  there  is  the                                                               
possibility  that a  correspondence  school  could reorganize  to                                                               
become  a  charter  school,  and   therefore  could  obtain  more                                                               
funding.      However,  he   reminded   the   committee  that   a                                                               
correspondence  school is  defined in  regulation and  relates to                                                               
the minimum  number of  face-to-face hours  with the  teacher and                                                               
thus would impact the aforementioned  possibility.  He noted that                                                               
the aforementioned wasn't the intent of HB 197.                                                                                 
                                                                                                                                
8:57:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER pledged to work further on HB 197.                                                                        
                                                                                                                                
8:57:46 AM                                                                                                                    
                                                                                                                                
EDDY  JEANS, Director,  School Finance,  Department of  Education                                                               
and  Early Development  (EED), explained  that under  the current                                                               
structure  for funding  schools in  Alaska, there  are brick-and-                                                               
mortar  schools  and correspondence  programs.    He related  his                                                               
understanding that the sponsor is  attempting to create a virtual                                                               
charter school with higher standards  than those for the existing                                                               
correspondence   programs.       The   current    standards   for                                                               
correspondence  programs  are  established in  regulation.    The                                                               
higher standards for the proposed  virtual charter school include                                                               
the individual learning  plan and twice monthly  contact with the                                                               
family.   Furthermore,  correspondence  programs allow  part-time                                                               
enrollment  whereas  the  sponsor  has  said  that  the  proposed                                                               
program would  not include a  part-time component.   As mentioned                                                               
earlier,  the sponsor  and the  commissioner of  EED are  to meet                                                               
tomorrow to  flesh this idea out  more.  He pointed  out that the                                                               
department submitted  a fiscal note to  the original legislation,                                                               
although  he  acknowledged  that  it's not  appropriate  for  the                                                               
legislation.   Therefore,  there will  be a  revised fiscal  note                                                               
once the details are determined.                                                                                                
                                                                                                                                
8:59:49 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  requested  that the  department  compare  the  two                                                               
existing types of  funding structures for schools as  well as the                                                               
proposed virtual  charter school.   He  also requested  review of                                                               
the implications and results of  changing from one type of school                                                               
to another.                                                                                                                     
                                                                                                                                
MR. JEANS agreed to do so.                                                                                                      
                                                                                                                                
9:01:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  noted that the committee  packet includes                                                               
the 2006 Legislative Resolve No.  43, which directs school boards                                                               
and  administrators  to  apply  for  grants  available  under  AS                                                               
14.14.115.    The  aforementioned statute  addresses  educational                                                               
technology.    She asked  if  districts  have been  applying  for                                                               
grants  under the  aforementioned statute  and whether  there are                                                               
adequate funds available.                                                                                                       
                                                                                                                                
MR. JEANS said he would be happy to gather that information.                                                                    
                                                                                                                                
9:01:53 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  requested  that  Mr. Jeans  also  review  for  the                                                               
committee the  issues of correspondence schools  developed with a                                                               
statewide  mission,  which  then  drew  membership  from  various                                                               
districts  in  the   state  by  offering  things   such  as  free                                                               
computers.  The  aforementioned resulted in problems  with ADM in                                                               
other  districts.    He  recalled that  changes  were  made  that                                                               
required  correspondence  schools  to draw  upon  the  membership                                                               
within the  district that they  are located.   He inquired  as to                                                               
whether similar difficulties could result from HB 197.                                                                          
                                                                                                                                
9:03:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MUNOZ   requested   that   Mr.   Jeans   provide                                                               
information  to  the  committee   regarding  the  charter  school                                                               
funding disparity in  which schools are counted  with the largest                                                               
school  in the  district.   She questioned  whether HB  197 could                                                               
address the aforementioned problem.                                                                                             
                                                                                                                                
MR. JEANS agreed to do so.                                                                                                      
                                                                                                                                
9:04:32 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON noted  that this is the first discussion  of HB 197,                                                               
and then opened public testimony.                                                                                               
                                                                                                                                
9:04:48 AM                                                                                                                    
                                                                                                                                
NARDA BUTLER, Chair, Academic  Policy Committee, Frontier Charter                                                               
School, informed  the committee that  she has been  involved with                                                               
both the  charter school and  correspondence school  programs for                                                               
about  nine years.    She  noted that  she  is  also a  certified                                                               
science teacher  and teaches mid-distance education  in which she                                                               
provides  most of  the curriculum  and  homework assignments  on-                                                               
line.  She  further noted that her children are  educated at home                                                               
and  through part-time  enrollment  at  a local  brick-and-mortar                                                               
school  as well  as via  some  virtual instruction.   Ms.  Butler                                                               
applauded  Representative  Keller's  efforts to  provide  greater                                                               
options and  introduce technology at  a greater level.   However,                                                               
she expressed  concern that existing  charter school  law doesn't                                                               
allow out-of-district  students.  Furthermore, Ms.  Butler opined                                                               
that the  proposed virtual school  in HB  197 seems to  fit under                                                               
the  definitions of  a correspondence  school,  which don't  have                                                               
lower  limits for  face-to-face interaction  with teachers.   Ms.                                                               
Butler  related  her belief  that  the  objective sought  by  the                                                               
sponsor could  be accomplished by allowing  districts to contract                                                               
with vendors for  virtual classes.  To be sure  the standards are                                                               
met it can be made  clear that districts allowing virtual classes                                                               
meet  the state's  standards.   She also  expressed concern  that                                                               
this legislation  may allow  or perhaps  encourage correspondence                                                               
schools  to reopen  as charter  schools,  and therefore  wouldn't                                                               
fall within  the 80 percent  funding the state  offers brick-and-                                                               
mortar schools.   Districts, she  opined, need to  maintain local                                                               
control of their  educational systems through the  use of virtual                                                               
vendors.   Furthermore,  caution  must be  taken  with regard  to                                                               
opening  unintentional  doors  while  trying to  achieve  a  good                                                               
objective.                                                                                                                      
                                                                                                                                
9:07:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  surmised then  that Ms. Butler  is saying                                                               
that if correspondence schools are  allowed to reorganize charter                                                               
schools  and accept  out-of-district students,  then these  newly                                                               
formed charter schools would simply access more funding.                                                                        
                                                                                                                                
MS. BUTLER  replied yes.   In further response  to Representative                                                               
Gardner,   Ms.  Butler   confirmed  that   vendors  of   [various                                                               
curriculums] are  a whole industry.   Any vendor, in-  or out-of-                                                               
state, must meet state standards  to ensure the district that the                                                               
students  are  striving  to  meet  established  standards.    She                                                               
informed  the committee  that her  daughter attends  a school  in                                                               
Washington, D.C., that enrolls students worldwide.                                                                              
                                                                                                                                
9:10:12 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  said that  the committee  would review  whether the                                                               
legislation should be  modified to address the  fact that charter                                                               
schools can't accept out-of-district students.                                                                                  
                                                                                                                                
9:10:45 AM                                                                                                                    
                                                                                                                                
TIM SCOTT, Principal, Frontier  Charter School, expressed concern                                                               
with the vagueness of some of  the terms in the legislation.  For                                                               
example, the  terms "open enrollment"  and "virtual" may  need to                                                               
be clearly defined.   He informed the committee that  he was part                                                               
of a  group that brought  a lawsuit  against the Alaska  Board of                                                               
Education  regarding the  meaning of  the term  "correspondence."                                                               
He related that he spent about  three years of his life trying to                                                               
help  define the  term "correspondence."   In  his opinion,  this                                                               
proposed  virtual  charter  school   would  be  a  correspondence                                                               
school.   This  legislation, he  opined, would  allow schools  to                                                               
reorganize for  funding purposes.   Furthermore, the  law already                                                               
allows  for  the  existence  of   virtual  schools  within  other                                                               
schools.   He then directed  attention to AS 14.14.110,  which is                                                               
the cooperation  between districts law.   Mr. Scott said  that he                                                               
would  only  be  in  favor  of   what  HB  197  proposes  if  the                                                               
cooperation between  districts law was  invoked.  Mr.  Scott then                                                               
opined that there hasn't been  any resolution to the situation in                                                               
which  districts have  raided other  districts  for students  for                                                               
money.                                                                                                                          
                                                                                                                                
9:13:55 AM                                                                                                                    
                                                                                                                                
MR. SCOTT,  in response to Representative  Gardner, confirmed his                                                               
belief  that  there  is  an  issue  of  districts  raiding  other                                                               
districts for  money.   One of the  largest incentives  to enroll                                                               
students into a  statewide correspondence school is the  ADM.  He                                                               
suggested  that such  schools don't  necessarily  return all  the                                                               
funds received back into the students.   In fact, he charged that                                                               
two years ago $6.7 million was  placed in the operating budget of                                                               
a   local   school  district   rather   than   returned  to   the                                                               
correspondence school students.                                                                                                 
                                                                                                                                
9:14:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER said  that there  is another  perspective.                                                               
There  is a  danger  of  creating a  monopoly  where the  revenue                                                               
source  is  defined by  the  children  in  a  district.   If  the                                                               
aforementioned  is protected,  there's less  pressure on  raising                                                               
the   standards.     Competition   produces   good  results,   as                                                               
illustrated across  the state  with the  correspondence programs.                                                               
Representative Keller  acknowledged the  need to  proceed slowly,                                                               
but  maintained  that  being able  to  enroll  statewide  doesn't                                                               
necessarily make it bad.                                                                                                        
                                                                                                                                
9:15:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON  inquired  as   to  how  the  terms  "open                                                               
enrollment" and "virtual" could be defined now.                                                                                 
                                                                                                                                
MR. SCOTT responded that the  term "open enrollment" is currently                                                               
considered  the   timeframe  in   which  students   are  enrolled                                                               
throughout the  year, not necessarily boundaries.   He reiterated                                                               
the need in  HB 197 to clarify the term  "open enrollment," which                                                               
he interpreted to  mean that boundaries can be  crossed to enroll                                                               
students into the  proposed virtual charter school.   With regard                                                               
to the definition of "virtual  charter school," Mr. Scott pointed                                                               
out that although the state  has defined "correspondence school,"                                                               
correspondence  schools are  hybrids.   He opined  that he  would                                                               
include  an on-line  synchronous course  as a  virtual school  as                                                               
that's typically to what the literature refers.                                                                                 
                                                                                                                                
9:18:27 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  noted his agreement  that the  aforementioned terms                                                               
will definitely need to be defined.                                                                                             
                                                                                                                                
9:19:16 AM                                                                                                                    
                                                                                                                                
ALLISON  POWELL,   International  Association  for   K-12  Online                                                               
Learning  (iNACOL),  informed  the  committee that  iNACOL  is  a                                                               
nonprofit  organization  that   supports  virtual  schools,  both                                                               
supplemental  and full-time  online schools  all over  the world.                                                               
The goal of iNACOL is to  ensure that every student has access to                                                               
the  best  education,  regardless  of  the  student's  geographic                                                               
location, income,  or background.   In response to  Chair Seaton,                                                               
Ms. Powell explained  that the North American  Council for Online                                                               
Learning  (NACOL)  is  the same  organization  as  iNACOL;  NACOL                                                               
recently changed  its name  to reflect  that the  organization is                                                               
dealing with  more international clients.   Therefore, the iNACOL                                                               
paper in the committee packet is relevant to NACOL.                                                                             
                                                                                                                                
9:20:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON  inquired  as to  iNACOL's  definition  of                                                               
"virtual."                                                                                                                      
                                                                                                                                
MS.  POWELL  answered  that iNACOL  has  several  definitions  of                                                               
"virtual."  Currently,  there are various ways in  which to setup                                                               
a virtual  school.   There are cyber  charter schools,  which are                                                               
online full-time  programs in which  the majority of  the program                                                               
is  performed  online  with  both  asynchronous  and  synchronous                                                               
[courses].   These  cyber charter  schools often  require contact                                                               
with  the  teacher,  which is  accomplished  through  synchronous                                                               
schools.   She further explained  that it's a situation  in which                                                               
students  meet with  the  teacher online.    During this  meeting                                                               
online,  the teacher  and student  can do  practically everything                                                               
that's  done in  a  typical face-to-face  classroom.   Currently,                                                               
there are  173 cyber charter schools  in the nation.   Ms. Powell                                                               
noted that there are other  online programs that are supplemental                                                               
in which a student can attend  a face-to-face school and take one                                                               
class  online.    The  aforementioned  can be  done  in  both  an                                                               
asynchronous and synchronous manner.                                                                                            
                                                                                                                                
9:22:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER inquired as to the membership of iNACOL.                                                                 
                                                                                                                                
MS.  POWELL related  that iNACOL  has about  2,500 members  which                                                               
include  virtual  schools  and   programs  to  universities  with                                                               
teacher  training programs.   The  membership also  includes many                                                               
nonprofit groups  that are running virtual  schools, researchers,                                                               
online  teachers   and  administrators,  and   corporations  that                                                               
provide the online  content and technology.   In further response                                                               
to   Representative   Gardner,    Ms.   Powell   specified   that                                                               
corporations are  probably the  smallest group  of members.   She                                                               
explained that  the organization receives funds  from its members                                                               
as well as from an  annual conference.  The organization receives                                                               
about  one  third of  its  funding  from  each of  the  following                                                               
sources:   membership, the  annual conference,  and grants.   She                                                               
noted that the  organization intends to seek  some federal grants                                                               
as well.   In response to  Chair Seaton, Ms. Powell  informed the                                                               
committee of iNACOL's web site, www.inacol.org.                                                                                 
                                                                                                                                
9:24:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER inquired about the board of iNACOL.                                                                      
                                                                                                                                
MS.  POWELL  explained   that  the  board  is   comprised  of  an                                                               
individual  who   operates  a   state-led  virtual   school  with                                                               
supplementals,  another individual  who  operates a  district-run                                                               
program,  while  another  individual  is a  corporate  member,  a                                                               
researcher, a  representative from  a full-time  corporate cyber-                                                               
charter school program,  and a private consultant  who works with                                                               
education  technology throughout  the  country.   In response  to                                                               
Chair Seaton,  Ms. Powell confirmed that  iNACOL's membership and                                                               
board membership  is listed on  the organization's web site.   In                                                               
further response to Representative  Gardner, Ms. Powell specified                                                               
that the  statewide virtual school, the  supplemental school, and                                                               
the  district  run  programs  are  publicly  funded  through  the                                                               
government.                                                                                                                     
                                                                                                                                
9:26:15 AM                                                                                                                    
                                                                                                                                
KIKI ABRAHAMSON,  President, Alaska Charter  Schools Association;                                                               
Fireweed Academy,  began by thanking the  committee for providing                                                               
the   opportunity  for   in-depth   discussion  about   providing                                                               
alternatives for  students in Alaska.   She recalled  that during                                                               
the education  summit held November  13-14, 2008, it  was brought                                                               
up multiple  times that  some of the  most important  things that                                                               
can be  addressed in education  in Alaska is  creating innovation                                                               
and providing equity.   Although she applauded  the committee for                                                               
the work  it's doing, she  reminded the committee that  there are                                                               
equity  issues regarding  funding  for students  in schools  that                                                               
already exist.                                                                                                                  
                                                                                                                                
9:27:31 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON,  upon determining  no one  else wished  to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
9:27:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON  asked  if  the funding  for  the  virtual                                                               
students is the  same as that for  the brick-and-mortar students.                                                               
She noted that the funding for correspondence schools differs.                                                                  
                                                                                                                                
REPRESENTATIVE  KELLER stated  that the  intent of  HB 197  is to                                                               
allow  for  the  interaction  between  districts  to  cover  both                                                               
academics and supervision of the child.   He noted that it allows                                                               
for  contracting between  school districts.   Districts  would be                                                               
encouraged to  work together, but  it has  been left open  and on                                                               
the table.                                                                                                                      
                                                                                                                                
9:30:13 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  suggested  that the  committee  should  review  AS                                                               
14.14.110, which already  allows participation between districts,                                                               
and  determine whether  the existing  statute  is different  than                                                               
what's proposed in HB 197.                                                                                                      
                                                                                                                                
9:30:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  requested clarification  regarding whether                                                               
part-time students  will be allowed because  although the sponsor                                                               
has  said  that there  won't  be  part-time students,  Section  2                                                               
addresses part-time students.                                                                                                   
                                                                                                                                
9:31:20 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON suggested  then that when this  legislation is heard                                                               
again,  the  sponsor  can review  what  constitutes  a  full-time                                                               
student  in this  proposed open  enrollment  virtual setting  and                                                               
whether there will be part-time students.                                                                                       
                                                                                                                                
REPRESENTATIVE KELLER agreed to do so.                                                                                          
                                                                                                                                
9:32:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON pointed  out that there is  over $7 billion                                                               
in   federal   stimulus   funds   for   broadband   and   related                                                               
infrastructure services.   Therefore, he suggested  that it would                                                               
be enlightening  to have  some sort  of discussion  regarding the                                                               
broadband  capabilities and  how  that ties  in with  educational                                                               
services in Alaska.                                                                                                             
                                                                                                                                
9:32:50 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that today  at noon, there will be various                                                               
presentations  and demonstrations  regarding  various aspects  of                                                               
technology in education in Alaska.                                                                                              
                                                                                                                                
9:33:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER pointed out  that students in Bethel could                                                               
all  have  laptops,  but  they   cannot  necessarily  access  the                                                               
Internet.                                                                                                                       
                                                                                                                                
9:34:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  related that  the department  will discuss                                                               
the stimulus funds as they relate to HB 197.                                                                                    
                                                                                                                                
CHAIR SEATON announced that HB 197 would be held over.                                                                          
                                                                                                                                

Document Name Date/Time Subjects
Carol J. Schaeffer and Lou Pondolfino.pdf HEDC 4/1/2009 8:00:00 AM
cshb204 WORKDRAFT.pdf HEDC 4/1/2009 8:00:00 AM
HEDC 4/3/2009 8:00:00 AM
HB 204
HB 204 information.pdf HEDC 3/30/2009 8:00:00 AM
HEDC 4/1/2009 8:00:00 AM
HEDC 4/3/2009 8:00:00 AM
HB 204
HB 197.pdf HEDC 4/1/2009 8:00:00 AM
HB 197
Linda Lee Gillam Black.pdf HEDC 4/1/2009 8:00:00 AM