Legislature(2009 - 2010)CAPITOL 106

03/19/2010 08:00 AM House EDUCATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 367 TAX CREDITS FOR EDUCATIONAL CONTRIBUTIONS TELECONFERENCED
Heard & Held
+= HB 206 HIGH SCHOOL ASSESSM'T/POSTSECONDARY CLASS TELECONFERENCED
Heard & Held
        HB 206-HIGH SCHOOL ASSESSM'T/POSTSECONDARY CLASS                                                                    
                                                                                                                                
CHAIR SEATON announced that the  final order of business would be                                                               
HOUSE  BILL NO.  206, "An  Act establishing  a career  assessment                                                               
requirement  in public  schools;  and  relating to  postsecondary                                                               
courses for secondary school students."                                                                                         
                                                                                                                                
[Although  not  formally  stated, HB  206,  labeled  26-LS0765\S,                                                               
Mischel/4/22/09 was before the committee.]                                                                                      
                                                                                                                                
9:07:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  asked whether any amendments  were on the                                                               
table.                                                                                                                          
                                                                                                                                
CHAIR SEATON reported that Conceptual  Amendment 7 was previously                                                               
adopted by a vote of 5-2.                                                                                                       
                                                                                                                                
9:07:54 AM                                                                                                                    
                                                                                                                                
LES  MORSE,  Deputy  Commissioner, Office  of  the  Commissioner,                                                               
Department of  Education and Early  Development (DEED),  asked to                                                               
address questions  surrounding the WorkKeys, discuss  which grade                                                               
level   would  be   most   appropriate   for  WorkKeys,   discuss                                                               
transcripts versus  cumulative records, and make  comments on the                                                               
high  school graduation  qualifying exam.   He  raised the  first                                                               
issue, whether the qualifying exam should  be given to in 11th or                                                               
12th  grade.   He offered  his  belief that  it comes  down to  a                                                               
question  of whether  the  exam  is for  adults  to assess  which                                                               
situation is best  for a student's employment situation  or for a                                                               
student to prepare  for what he/she chooses to do  next.  He said                                                               
it  seems to  make sense  to the  department and  the board  that                                                               
administering  the  test  in  11th grade  gives  the  student  an                                                               
opportunity to assess  what he/she may wish to  do differently in                                                               
their 12th grade,  prior to graduation.  This  would not prohibit                                                               
students from retaking  the test, but the  requirement should lie                                                               
in the 11th grade.  Thus,  it explains the DEED's position, since                                                               
it  allows the  student  to have  information  to change  his/her                                                               
behavior in  their final year of  high school.  He  suggested the                                                               
qualifying exam may  motivate the student in  combination with an                                                               
ACT or SAT exams.                                                                                                               
                                                                                                                                
9:09:54 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  stated his intention is  not to move the  bill from                                                               
committee.   He related that if  the information was going  to be                                                               
on the  transcript, the text  could be taken  a second time.   He                                                               
asked for  the cost, noting  the Department of Labor  & Workforce                                                               
Development  offers  WorkKeys.    He  asked  whether  the  school                                                               
district could  accept the WorkKeys if  it was taken as  a senior                                                               
at the DLWD or if the exam must be administered through school.                                                                 
                                                                                                                                
MR. MORSE said he  was not certain.  He offered  to work with the                                                               
DLWD and  review any interdepartmental agreements.   He commented                                                               
that the department  shares data with the DLWD.   He assumed that                                                               
the DEED  would obtain the data  from the DLWD and  he was unsure                                                               
if the mechanism  was in place to  do so.  He  offered his belief                                                               
that students could  retake the examination in the  12th grade if                                                               
the mechanism  was set in  place.   He recalled that  the current                                                               
regulations  allow  charging  students  for  retaking  the  exam,                                                               
although he  thought the fees were  low.  He offered  to research                                                               
the issue and provide the information to the committee.                                                                         
                                                                                                                                
CHAIR SEATON  asked him to  provide the current or  projected fee                                                               
for retaking the exam in the 12th grade.                                                                                        
                                                                                                                                
MR. MORSE agreed to provide the information.                                                                                    
                                                                                                                                
9:12:17 AM                                                                                                                    
                                                                                                                                
MR.  MORSE  continued  with  an  issue  from  the  last  hearing,                                                               
transcripts versus cumulative  records.  He reported  that all of                                                               
the  assessments  that  are  statewide  assessments  require  the                                                               
results be  placed in the  "cum" [cumulative] record, which  is a                                                               
file  of student  performances during  the school  period.   This                                                               
collection provides background information  for educators who are                                                               
trying  to determine  how to  assist  a particular  student.   He                                                               
related  the cumulative  record is  different than  a transcript,                                                               
which  is  a  summary  of  "one  timeframe."    The  high  school                                                               
transcript is  a summary  record of all  the high  school courses                                                               
taken,  attendance,  and  includes  the  high  school  graduation                                                               
qualifying exam (HSGQE) results.                                                                                                
                                                                                                                                
9:13:31 AM                                                                                                                    
                                                                                                                                
MR. MORSE,  in response to Representative  Edgmon, explained that                                                               
"cum"  refers   to  the  cumulative  record   during  the  school                                                               
experience.                                                                                                                     
                                                                                                                                
9:14:01 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  recapped that the  assessment would be on  the high                                                               
school transcript  and the  score of  the high  school graduation                                                               
qualifying examination (HSGQE) would be on the transcript.                                                                      
                                                                                                                                
MR.  MORSE  answered  that  currently   the  school  district  is                                                               
required to place the HSGQE score  as a "pass" or "no pass" which                                                               
is the only  assessment on the transcript.  He  stated that it is                                                               
a burden  to a school district,  which is usually performed  as a                                                               
management  recordkeeping  system  function that  brings  in  the                                                               
score  to the  student  record.   In  further  response to  Chair                                                               
Seaton,  he clarified  that the  HSGQE is  a "pass"  or "did  not                                                               
pass" score, which is electronically listed.                                                                                    
                                                                                                                                
9:15:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER asked  if any indication of  WorkKeys is on                                                               
the diploma.                                                                                                                    
                                                                                                                                
9:15:39 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  recalled that  the WorkKeys  information is  not on                                                               
the diploma  but is on  the transcript.   He referred to  page 2,                                                               
lines 13-14, "the  assessment shall be displayed  in summary form                                                               
on the  student's high school  transcript."  He asked  whether an                                                               
employer would  use a transcript  to know the level  of student's                                                               
preparedness.                                                                                                                   
                                                                                                                                
MR. MORSE  offered that typically,  if an employer wishes  to see                                                               
the  student's  performance,  the transcript,  as  the  universal                                                               
tool,  would  provide that  information.    However, an  employer                                                               
could ask a  student if he/she has taken the  WorkKeys and if so,                                                               
ask for  the results.   Additionally,  the student  could request                                                               
the information from  their high school from  their "cum" record.                                                               
He  did not  recall the  timeframe, but  thought the  records are                                                               
retained for 70 years.                                                                                                          
                                                                                                                                
9:18:51 AM                                                                                                                    
                                                                                                                                
MR.  MORSE,  in  response  to  Chair  Seaton,  explained  that  a                                                               
transcript is  a one-page  document.  It  tells the  course taken                                                               
and  reflects the  grade  earned.   He stated  that  most of  the                                                               
information fits  on one  page.   The transcript  is sent  when a                                                               
student,  through the  registrar, requests  that a  transcript be                                                               
sent  or  by  obtaining  a  certified  copy  of  the  transcript.                                                               
Typically, the transcript is sent to a college or university.                                                                   
                                                                                                                                
CHAIR SEATON  suggested the committee  would like the  diploma to                                                               
be more  useful and accessible.   It  could be the  transcript or                                                               
the  WorkKeys document  could be  forwarded to  an employer  as a                                                               
separate item from  the transcript.  He  offered his appreciation                                                               
for any efforts  to help the committee determine a  better way to                                                               
disseminate the information available to the employer.                                                                          
                                                                                                                                
9:20:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER asked  for  clarification  on the  summary                                                               
form  on the  high  school  transcript.   He  assumed the  school                                                               
district would  need to determine  the content and the  burden of                                                               
providing the  mechanism to  obtain a  full report.   He  said it                                                               
seemed like  it would raise the  value of the transcript  to have                                                               
the WorkKeys  summary listed, with  a means to  access additional                                                               
information for the full WorkKeys transcript.                                                                                   
                                                                                                                                
MR.  MORSE  offered  his  view  that  summary  information  would                                                               
provide the  level achieved on each  test.  For example,  in math                                                               
the student would have attained  a bronze, silver, or gold level.                                                               
It may  be possible to  add a line to  read, "Full record  can be                                                               
requested from  Registrar's office,"  but the student  would need                                                               
to  give  permission, since  that  right  is provided  under  the                                                               
student's federal  rights.  He said  he could speak to  the cost,                                                               
but  school districts  would need  to obtain  information on  the                                                               
programming costs.                                                                                                              
                                                                                                                                
9:22:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER thought  the  committee  was making  this                                                               
matter more  complicated than  necessary.   She suggested  that a                                                               
diploma  means the  student met  the  graduation requirements;  a                                                               
transcript lists grades, attendance  records, and she anticipated                                                               
that if the legislature adds  WorkKeys, that the transcript would                                                               
list the WorkKeys  score level.  She did not  recall any employer                                                               
or college ever needing more information than the transcript.                                                                   
                                                                                                                                
9:23:33 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from  9:23 a.m. to 9:42 a.m. as the                                                               
fire alarm sounded and members left the building.                                                                               
                                                                                                                                
9:42:06 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON brought  the  committee back  to  order.   [Members                                                               
present were  Representatives Buch,  Gardner, Edgmon,  Munoz, and                                                               
Seaton.]                                                                                                                        
                                                                                                                                
9:42:38 AM                                                                                                                    
                                                                                                                                
MR. MORSE  reported that  he researched  a prior  question during                                                               
the break,  and according  to regulations,  if a  student repeats                                                               
the HSGQUE in their 12th  grade and improves his/her score, there                                                               
is  not any  charge for  the examination.   If  not, the  student                                                               
could be charged by the school district.                                                                                        
                                                                                                                                
9:43:13 AM                                                                                                                    
                                                                                                                                
MR.  MORSE stated  that the  State Board  of Education  and Early                                                               
Development  supports keeping  the  HSGQE in  place.   The  board                                                               
would like to take a  view of the comprehensive assessment system                                                               
and accountability  system and  not change  pieces at  this time.                                                               
He  stated that  the  state  must ensure  its  compliance at  the                                                               
federal level and  some potential changes will occur  in the next                                                               
year or so.  He cautioned that the  state does not want to be out                                                               
of "sync"  with the federal  requirements.  The  board's position                                                               
is that  the qualifying  examination is  accomplishing a  goal of                                                               
ensuring that students graduate with  a minimum set of skills and                                                               
recommends keeping the exam in  place at this time, although some                                                               
further  work  could  be  valuable.    He  remarked  that  it  is                                                               
important that the  WorkKeys be a separate issue  since the exams                                                               
fulfill different purposes.  The  HSGQE tests the state's content                                                               
standards.  He referred to  a document in members' packets titled                                                               
"HSGQE  Proficiency  Descriptors   and  WorkKeys  Skill  Levels,"                                                               
although he  related he  did not  want to  cover this  in detail.                                                               
However,  some skills  are covered  on one  exam but  not on  the                                                               
other  exam.    The  examinations cover  different  things.    He                                                               
pointed out that  the document describes the  different levels of                                                               
WorkKeys requirements.   He offered his belief  that WorkKeys can                                                               
be an important  test for information, but should not  be used as                                                               
a "high  stakes individual student  test."   He said he  would be                                                               
reluctant to  use the exam  since the "high stakes"  student test                                                               
potentially may deny  students a diploma and the  vendor must use                                                               
vendor  rules.   The  state would  not be  able  to devise  state                                                               
rules, particularly as it relates to accommodations.                                                                            
                                                                                                                                
9:46:06 AM                                                                                                                    
                                                                                                                                
MR. MORSE  said he learned that  "signing" is not allowed  on the                                                               
WorkKeys assessments although "signing"  is allowed on all state-                                                               
developed tests   In  response to  Chair Seaton,  he acknowledged                                                               
that  he was  referring to  the  American Sign  Language when  he                                                               
referred to  "signing."   He added that  the presumption  is that                                                               
someone who cannot hear could read.                                                                                             
                                                                                                                                
9:46:40 AM                                                                                                                    
                                                                                                                                
MR. MORSE related that  WorkKeys assessments provide information,                                                               
but he  would not consider  using it as  a "high stakes"  tool or                                                               
any vendor  product as a "high  stakes" tool.  He  mentioned that                                                               
another  question was  a request  for  analysis on  certification                                                               
levels and  WorkKeys equivalent  to the HSGQE.   He  related that                                                               
the DEED attempted  to compare students who took  the WorkKeys in                                                               
11th grade to their 10th grade  HSGQE's scores.  The question was                                                               
to examine  how well  students perform on  the HSGQE  relative to                                                               
their WorkKeys  level of Bronze,  Silver, Gold, or Platinum.   He                                                               
suggested   more  students   will   provide  more   sophisticated                                                               
analysis.    So  far,  the  school district  has  less  than  390                                                               
students,  which is  not  enough  to make  a  judgment since  the                                                               
sample  is too  small.   Generally,  those  students obtaining  a                                                               
silver  or gold  level or  higher passed  the HSGQE.   Typically,                                                               
some students  achieving a bronze  level did not pass  the HSGQE.                                                               
He explained  that next  year the  whole student  population will                                                               
take the  WorkKeys and the  DEED will  be able to  provide better                                                               
analysis.                                                                                                                       
                                                                                                                                
MR. MORSE,  in response  to Chair Seaton,  related the  DEED will                                                               
have the data to easily be  able to compare.  In further response                                                               
to Chair  Seaton, he stated  that a  report could be  provided to                                                               
the committee.                                                                                                                  
                                                                                                                                
9:49:00 AM                                                                                                                    
                                                                                                                                
MR. MORSE related  that if the "high stakes" nature  of the HSGQE                                                               
was removed but  WorkKeys content tested the same  areas that one                                                               
content test in  WorkKeys is not given on the  HSGQE.  Currently,                                                               
the DEED offers some subtests  on reading comprehension and math,                                                               
but the  open-ended writing  and grammar tests  in the  HSGQE are                                                               
not  covered in  WorkKeys.   He also  related that  some detailed                                                               
skills are not tested that are  on the standards.  He stated that                                                               
the state  board could  change their  regulations to  include all                                                               
content areas.                                                                                                                  
                                                                                                                                
MR. MORSE  commented that the  original purpose of the  HSGQE was                                                               
to  give graduates  the basic  skills.   Since  its inception  in                                                               
2005, more  students are  graduating today.   The state  has gone                                                               
from   a  61.4   percent   to  67.5   percent  graduation   rate.                                                               
Additionally,   the  Special   Education  population   group  has                                                               
improved from  39.6 to 43.6  percent.  While more  improvement is                                                               
needed, some improvement has been made, he stated.                                                                              
                                                                                                                                
9:51:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER asked whether the  HSGQE is the reason for                                                               
the increase in graduates and it may be an incidental result.                                                                   
                                                                                                                                
MR. MORSE  acknowledged that the  DEED has not performed  a study                                                               
to pinpoint the  increase.  He agreed that  other improvements in                                                               
the standards-based movement or  other things could have impacted                                                               
the graduation  rate.  However,  if the rates had  decreased, the                                                               
department would  consider whether the HSGQE  was preventing some                                                               
students from graduating.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GARDNER offered  her  belief  that testimony  has                                                               
been  given  that  does  show  it  prevents  some  students  from                                                               
graduating.    She  related  that the  "high  stakes"  refers  to                                                               
students  who have  otherwise met  course requirements,  but have                                                               
not passed the HSGQE and cannot graduate.                                                                                       
                                                                                                                                
MR.  MORSE reported  that in  the class  of 2008,  at 12th  grade                                                               
level, 270 students did not graduate  since they did not pass the                                                               
HSGQE, but  met other  requirements.  In  2008, 1,926  12th grade                                                               
students did  not graduate, but  passed all parts of  HSGQE exam.                                                               
In  those  instances,  the  local  requirements  interfered  with                                                               
graduation.   The majority of  those not graduating  are actually                                                               
passing the exam, he concluded.                                                                                                 
                                                                                                                                
9:54:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  related  that   the  1,976  may  include                                                               
students who decide  they do not need to go  to school since they                                                               
passed the exam.                                                                                                                
                                                                                                                                
MR. MORSE  said he did not  think it would apply  to the specific                                                               
population since most of the students  passed the exam in 10th or                                                               
11th  grade, but  were  still  appearing in  school  in the  12th                                                               
grade.  He suggested  he does not have any survey  or data of the                                                               
number of students who leave due  to that reason.  He offered his                                                               
belief that number would be small.                                                                                              
                                                                                                                                
9:54:58 AM                                                                                                                    
                                                                                                                                
MR. MORSE, in  response to Chair Seaton, offered that   these 270                                                               
students obtained a certificate  of achievement, which means that                                                               
they achieved the local requirements  but did not pass the HSGQE.                                                               
The 1,926 students did not  receive anything since they needed to                                                               
pass local requirements prior to  graduation.  He suggested those                                                               
students  may have  returned and  finished high  school the  next                                                               
year.  He pointed out that  69.1 percent of the 2,787 seniors did                                                               
not  graduate.   Thus,  the  1,926  students represent  the  69.1                                                               
percent of the students who were seniors but did not graduate.                                                                  
                                                                                                                                
CHAIR SEATON referred  to that figure as  the dropout population.                                                               
He said it  may not be the total figure  since some students will                                                               
return and graduate  in their 5th year.  He  assumed the DEED has                                                               
the identifying  student number and  will follow up to  obtain an                                                               
outcome.  He asked him to provide the committee with the report.                                                                
                                                                                                                                
MR. MORSE agreed to do so.  He  said it is important to note that                                                               
30 percent  of dropouts come  back the next  year.  Some  of them                                                               
will drop out again.  Nearly  20 percent of students have been in                                                               
the dropout population two times.                                                                                               
                                                                                                                                
9:57:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BUCH  said  he was  encouraged  at  the  enhanced                                                               
graduation rates.   He recalled  that the state has  enhanced the                                                               
investment.   He  said that  some teachers  have stated  that the                                                               
Special  Education  investment  is  huge.     He  asked  for  the                                                               
percentage  of investment  for special  education students  since                                                               
2005.                                                                                                                           
                                                                                                                                
9:58:55 AM                                                                                                                    
                                                                                                                                
MR. MORSE  said he  believed that the  funding has  increased for                                                               
all  students, as  well as  for the  intensive special  education                                                               
students, who may  never earn a diploma.  He  related that school                                                               
districts are providing better education  for all teachers on how                                                               
to teach all  students.  He related  a scenario in which  2 of 30                                                               
students  in a  classroom  are special  education  students.   He                                                               
stated that the teacher training  is more sophisticated on how to                                                               
help those  students.  He related  that this has improved  due to                                                               
technical   assistance   at   the  state   and   federal   level.                                                               
Additionally,  it   has  improved  due  to   the  investment  the                                                               
legislature has made in education.                                                                                              
                                                                                                                                
REPRESENTATIVE  BUCH said  he is  encouraged.   He just  wondered                                                               
about  the shift  in funding  since the  legislature spends  more                                                               
funds on  education.   He did  not disagree  with the  changes or                                                               
shift, but expressed an interest in knowing the percentage.                                                                     
                                                                                                                                
10:00:33 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE MUNOZ asked for an example of the HSGQE.                                                                         
                                                                                                                                
MR. MORSE  offered to provide  an "item sampler" that  would give                                                               
feel for the items on a test.                                                                                                   
                                                                                                                                
[HB 206 was held over.]                                                                                                         
                                                                                                                                
10:01:05 AM                                                                                                                   
                                                                                                                                

Document Name Date/Time Subjects
HB 367 Workdraft version E.pdf HEDC 3/12/2010 8:00:00 AM
HEDC 3/19/2010 8:00:00 AM
HB 367