Legislature(2011 - 2012)CAPITOL 106

02/09/2011 08:00 AM House EDUCATION


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Audio Topic
08:02:53 AM Start
08:03:07 AM Presentation(s): School Superintendent
08:34:28 AM HB104
09:35:25 AM HB5
09:55:06 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ - Presentation by a School District TELECONFERENCED
Superintendent
*+ HB 104 ALASKA PERFORMANCE SCHOLARSHIPS TELECONFERENCED
Heard & Held
*+ HB 5 CONSTITUTIONAL HISTORY CURRICULUM TELECONFERENCED
Heard & Held
             HB 104-ALASKA PERFORMANCE SCHOLARSHIPS                                                                         
                                                                                                                                
8:34:28 AM                                                                                                                    
                                                                                                                                
CHAIR DICK  announced that  the next order  of business  would be                                                               
HOUSE  BILL NO.  104,  "An Act  renaming  the Alaska  performance                                                               
scholarship  and  relating to  the  scholarship  and tax  credits                                                               
applicable to contributions to  the scholarship; establishing the                                                               
Alaska  performance scholarship  investment fund  and the  Alaska                                                               
performance  scholarship award  fund and  relating to  the funds;                                                               
making  conforming amendments;  and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
The committee took an at-ease from 8:35 a.m. to 8:38 a.m.                                                                       
                                                                                                                                
8:38:55 AM                                                                                                                    
                                                                                                                                
EDDY  JEANS,   Education  Policy   Coordinator,  Office   of  the                                                               
Commissioner,  Department  of  Education  and  Early  Development                                                               
(EED),  presented  a sectional  analysis  of  HB  104.   He  drew                                                               
attention  to  pages  1-4  to   indicate  that  the  inserts  and                                                               
additions to sections  1-6 change the name from  the Alaska merit                                                               
scholarship  program   to  the  Alaska   performance  scholarship                                                               
program; rectifying a copyright  infringement situation.  Page 4,                                                               
Section 7  establishes the  Alaska performance  scholarship award                                                               
fund appropriations, from which  scholarship awards will be paid.                                                               
He  pointed  out that  money  appropriated  to  the fund  may  be                                                               
expended,  by  the  Alaska  Post  Secondary  Commission,  without                                                               
further appropriation,  and money  appropriated to the  fund does                                                               
not lapse.   Section 8 provides  for the name change.   Section 9                                                               
is a new section to  establish the Alaska performance scholarship                                                               
investment fund, the  interest on which would be  used for awards                                                               
payments.   He reported  that the  governor has  recommended that                                                               
$400 million be allocated to  provide an anticipated five percent                                                               
annual  interest yield.    The section  also  indicates that  the                                                               
commissioner of  revenue will manage  the fund and report  to the                                                               
legislature.  Continuing to page  6, he said sections 10-11 allow                                                               
corporations  donations  to  the  Alaska  scholarship  investment                                                               
account.  Section 12 deletes  redundant references to Alaska Post                                                               
Secondary Commission  programs.   Section 13  provides transition                                                               
language, and  Section 14 instructs  the statute reviser  to make                                                               
the  required name  change consistent  throughout the  applicable                                                               
laws.   Section  15  provides transition  language  to allow  the                                                               
departments  involved to  proceed  with  adoption of  regulations                                                               
necessary to  implement the new  law.  Section 16  allows Section                                                               
15 to  be effected  immediately; a  go-ahead to  the departments.                                                               
Finally,  sections  17-18  handle  the effective  dates  for  the                                                               
remaining components of the bill.                                                                                               
                                                                                                                                
8:43:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA asked  whether  residents  are allowed  to                                                               
contribute  directly  to  the fund  through  the  Permanent  Fund                                                               
Dividend (PFD) process.                                                                                                         
                                                                                                                                
MR.JEANS responded  no, but suggested  that a component  could be                                                               
added to  allow such  action.   The tax  credit contained  in the                                                               
bill addresses corporate contributions.                                                                                         
                                                                                                                                
8:45:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON turned  to page 5, line  15, paragraph (2),                                                               
to read "donations to the  fund," and asked whether the donations                                                               
are restricted to tax credits.                                                                                                  
                                                                                                                                
MR.JEANS  answered  no, it  is  not  restrictive and  individuals                                                               
could  make  donations  to  the  fund.    However,  there  is  no                                                               
mechanism  proposed  to  link  the  fund  with  the  current  PFD                                                               
contribution option.                                                                                                            
                                                                                                                                
8:46:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FEIGE   inquired  about   a  sunset   clause  for                                                               
corporate contributions.                                                                                                        
                                                                                                                                
MR.JEANS  indicated that  the governor's  bill, Version  A before                                                               
the committee,  does not provide  a sunset clause,  and suggested                                                               
that it may be contained in a forth coming committee substitute.                                                                
                                                                                                                                
8:47:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT   asked  whether  the  fund   affects  the                                                               
University of Alaska (UA) scholars program.                                                                                     
                                                                                                                                
MR.JEANS responded  no, as these are  two separately administered                                                               
programs; however,  as the scholars  program awards  students, at                                                               
individual schools, who  have demonstrated scholastic performance                                                               
in the  top 10 percent  of their  class, an overlap  of qualified                                                               
students may occur.                                                                                                             
                                                                                                                                
REPRESENTATIVE   PRUITT   directed   attention  to   section   4,                                                               
subsection (a), paragraphs  (1), (2), and (3),  and asked whether                                                               
there  is room  for interpretation  regarding the  language "high                                                               
minimum" and "moderately high minimum".                                                                                         
                                                                                                                                
MR.JEANS explained  that the designation,  as worded,  allows EED                                                               
to  establish  the required  cut  scores  through the  regulatory                                                               
process.                                                                                                                        
                                                                                                                                
8:50:07 AM                                                                                                                    
                                                                                                                                
CHAIR  DICK  agreed that  providing  incentives  for students  is                                                               
good, but  observed that implementing  the requirements  in rural                                                               
schools may not be possible, making the program inequitable.                                                                    
                                                                                                                                
MR.JEANS  explained  that  the implementation  difficulties  have                                                               
been identified and  the department is working  with districts to                                                               
ensure requirements  are attainable.   The three  year transition                                                               
period  will  be  important   to  institute  curriculum  delivery                                                               
options.   A variety  of creative  methods are  being considered,                                                               
and a  contract has been  negotiated to have a  virtual classroom                                                               
created.                                                                                                                        
                                                                                                                                
8:51:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  inquired whether districts  with schools                                                               
that  will need  to participate  via the  virtual classroom  will                                                               
need to carry any associated costs.                                                                                             
                                                                                                                                
MR.JEANS said that the districts  are assisting in developing and                                                               
making  the  curriculum  available  through  the  Consortium  for                                                               
Digital  Learning (CDL).   Participants  of  the consortium  will                                                               
have  no  associated  costs;  however,  other  schools  would  be                                                               
charged for access; fees which have not yet been established.                                                                   
                                                                                                                                
REPRESENTATIVE KAWASAKI  asked whether EED expects  to administer                                                               
the  virtual classroom  for rural  schools which  would otherwise                                                               
not have access to four year programs in required subjects.                                                                     
                                                                                                                                
MR.JEANS clarified that the virtual  school is only one mechanism                                                               
that  will be  available.   Other statewide  options include  the                                                               
existing   correspondence   programs   and   video   conferencing                                                               
opportunities.                                                                                                                  
                                                                                                                                
REPRESENTATIVE KAWASAKI  rephrased to ask whether  districts will                                                               
incur  additional  expense to  provide  the  classes required  by                                                               
students to qualify for the scholarship.                                                                                        
                                                                                                                                
MR.JEANS responded that the  districts receive foundation formula                                                               
funding to provide the required curriculum.                                                                                     
                                                                                                                                
The committee took an at-ease from 8:54 a.m. to 8:55 a.m.                                                                       
                                                                                                                                
8:55:18 AM                                                                                                                    
                                                                                                                                
CARL  ROSE,  Executive  Director, Association  of  Alaska  School                                                               
Boards  (AASB),  stated support  for  HB  104, and  provided  the                                                               
mission of  the AASB:   Advocate for  children and  youth; assist                                                               
local school  boards to  provide a  quality education  focused on                                                               
student achievement through effective  local governance.  He said                                                               
the  association's concern  has been  raised, and  is maintained,                                                               
regarding universal access  for all students.  No  other state in                                                               
the  union  faces  the  same   geographic  expanse  and  cultural                                                               
diversity  that  exists  in  Alaska.     Digital  technology  for                                                               
learning  is  the  only  viable   option  for  closing  this  gap                                                               
difference between Alaska and the  outside world.  He opined that                                                               
the school districts are not  fully prepared to take advantage of                                                               
the scholarship being  offered.  For this and  other reasons, the                                                               
legislature  should  be  expanding  the  technological  footprint                                                               
across the  state.  The  footprint is capable of  being developed                                                               
incrementally through the existing CDL.  He said:                                                                               
                                                                                                                                
     Every time  we make  capital appropriations  for school                                                                    
     districts, in  the area of technology,  what assurances                                                                    
     do   we  have   that  those   appropriations  will   be                                                                    
     successfully    implemented,   and    what   kind    of                                                                    
     accountability do  you have in  terms of  feedback that                                                                    
     that has  been done and  the challenges have  been met.                                                                    
     ...  I suggest  to you  that  we pay  attention to  our                                                                    
     entire state  and start now  because it will  take some                                                                    
     time  to  create a  system  that  can respond  to  this                                                                    
     incentive. ...  If this is  for all kids, then  we have                                                                    
     to make it universally accessible.                                                                                         
                                                                                                                                
8:59:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA  acknowledged  the effort  to  expand  the                                                               
technological systems,  and asked  what strong points  exist that                                                               
can be built upon.                                                                                                              
                                                                                                                                
9:00:12 AM                                                                                                                    
                                                                                                                                
MR. ROSE said  the issue of bandwidth is prevalent,  but it is an                                                               
axiom that can  easily be figured out.  He  opined that the focus                                                               
on technology is  more important at the lower grades,  as the use                                                               
for  pencil  and  paper  fade  from the  focus  of  the  emerging                                                               
generation;  technology   is  their   medium,  it  is   how  they                                                               
communicate.  The issue of  relevance arises when considering the                                                               
pace of  change today;  by the  time anything ends  up in  a text                                                               
book it is already history.  He continued:                                                                                      
                                                                                                                                
     We are  at the precipice  of exponential change.   What                                                                    
     are we doing,  as a state, to insure  that our citizens                                                                    
     are  well   prepared  for  a  future   that  we  cannot                                                                    
     describe. ... We need to  ensure that our kids have the                                                                    
     ability to  access the  information that  would enhance                                                                    
     their  ability to  take advantage  of [the  scholarship                                                                    
     program].                                                                                                                  
                                                                                                                                
9:02:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  surmised  that   even  with  a  digital                                                               
classroom some districts  may not be prepared  to participate and                                                               
an  inequity would  prevail.   He  asked what  funding needs  are                                                               
anticipated by the AASB.                                                                                                        
                                                                                                                                
MR. ROSE  answered that  appropriation is one  method.   The onus                                                               
has been  on the CDL to  identify the areas of  need, the willing                                                               
participants, and  to provide wrap-around services  to individual                                                               
districts.    The association  would  like  to  see the  flow  of                                                               
appropriations directly  to the recipients  via CDL as  a portal.                                                               
Thus,  the capital  budget would  be  the funding  source, and  a                                                               
school district would have a zero  fiscal note due to funding via                                                               
the foundation formula.   He stressed, "The weight  gets a little                                                               
heavy when you continue to mandate  with zero fiscal notes on one                                                               
foundation  formula."   The remoteness  of the  villages and  the                                                               
ability to manage the technology is  a challenge that needs to be                                                               
met to allow students to take advantage of this bill.                                                                           
                                                                                                                                
9:05:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  queried   whether  legal  action  might                                                               
result if every  student isn't able to benefit  due to inadequate                                                               
access to the required course work.                                                                                             
                                                                                                                                
MR.  ROSE  agreed that  inequity  is  always an  issue;  however,                                                               
advances should be  made for the right reasons  rather than being                                                               
compelled due to the possibility of a law suit.                                                                                 
                                                                                                                                
9:07:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON said:                                                                                                     
                                                                                                                                
     I'm  ...  uncomfortable  with the  idea  of  technology                                                                    
     solving all our problems.   ... Sitting in front of the                                                                    
     computer for  six hours a day  answering questions; ...                                                                    
     it's just like a workbook if  you use it that way.  ...                                                                    
     I'm concerned  if we're saying  the equity is  going to                                                                    
     be  just  bandwidth  and not  ...  the  engagement  and                                                                    
     delivery of that product.                                                                                                  
                                                                                                                                
MR.  ROSE said  that the  CDL has  identified several  important:                                                               
the  condition  of  readiness;   the  technical  assistance,  and                                                               
professional development.  Technology is  not being taught, it is                                                               
being  used as  a  learning tool  to connect  to  the world;  the                                                               
entire library  of congress and  encyclopedias are  available on-                                                               
line.  The  issue of equity relates to how  technology is used to                                                               
assist the learning process; young  people already understand how                                                               
to use technology.                                                                                                              
                                                                                                                                
9:10:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FEIGE  asked  which   school  districts  the  CDL                                                               
recognizes  as innovative,  and which  organizations are  setting                                                               
the standard for future development in this area.                                                                               
                                                                                                                                
MR. ROSE indicated  that there are pockets  of success throughout                                                               
the state, and he offered to  provide a district by district list                                                               
of  accomplishments.   The  relevancy  of  technology is  clearly                                                               
understood and  there is no  going back.   He declined to  name a                                                               
leader in  the area,  but indicated  that the  consortium members                                                               
are all making advances.                                                                                                        
                                                                                                                                
REPRESENTATIVE FEIGE  acknowledged that technology is  not the be                                                               
all and end all.  He asked where Mr. Rose attended high school.                                                                 
                                                                                                                                
MR. ROSE answered Hawaii.                                                                                                       
                                                                                                                                
9:13:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  recalled being in remote  communities that                                                               
have  had  better  technology  connections   than  what  she  has                                                               
experienced at the state capitol building.  She said:                                                                           
                                                                                                                                
     We  could have  everybody  talking to  us  and be  here                                                                    
     [remotely].  Without decision makers  being in on this,                                                                    
     ... the  administrative people, ... we  stand still ...                                                                    
     and it's scary.                                                                                                            
                                                                                                                                
9:14:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT asked  whether the  consortium endorses  a                                                               
particular focus for concern, or  a technology priority list, and                                                               
if so, what tops the list.                                                                                                      
                                                                                                                                
MR. ROSE recalled that when  the consortium began, in [2006], the                                                               
one-to-one lap  top was  deemed important,  but five  years later                                                               
there are any  number of mobile devices, and all  are obsolete by                                                               
the time  they are purchased.   However, every  individual school                                                               
district should  have the  opportunity to  choose what  will work                                                               
best for infusing technology into  the curriculum and receive the                                                               
support of the administration for implementation.                                                                               
                                                                                                                                
9:17:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  moved  to adopt  the  proposed  committee                                                               
substitute (CS)  for HB 104,  27-GH1893\I, Mischel, 2/8/11,  as a                                                               
working draft.   There being  no objection, Version I  was before                                                               
the committee.                                                                                                                  
                                                                                                                                
9:18:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  explained that  incorporated in  Version I                                                               
are the recommendations from  the legislative scholarship funding                                                               
task  force to  include provisions  for needs  based awards,  and                                                               
provides  a principal  funding source  for the  scholarship fund.                                                               
He  said the  unmet  need is  to be  determined  via FAFSA  (Free                                                               
Application  for  Federal  Student  Aid),  and  calculated  after                                                               
accounting  for any  family contributions  and available  grants.                                                               
For  funding, the  CS  incorporates  the AlaskAdvantage  program,                                                               
which currently  serves the non-traditional  student.   Thus, all                                                               
three  aspects,  the  performance scholarship,  the  needs  based                                                               
component, and the non-traditional  students will receive funding                                                               
from one source  to be known as the Alaska  scholarship fund.  He                                                               
indicated that  the CS renames  the funding source,  from capital                                                               
income fund,  replacing it with scholarship  fund.  Additionally,                                                               
it directs the  transfer of the existing assets  from the capital                                                               
income  fund   into  the  scholarship  fund;   approximately  $70                                                               
million.  The revenue stream  is then redirected from the capital                                                               
income fund  into the  scholarship fund, the  source of  which is                                                               
the  Amerada  Hess  settlement.   The  revenue  stream  from  the                                                               
settlement averages  between $22-30 million.   It also identifies                                                               
up to 15 percent of the  oil tax progressivity, which if combined                                                               
with the Amerada Hess funding  totals $40 million, to be directed                                                               
to the  scholarship fund.   Finally, the  CS language  allows for                                                               
direct  appropriations and  corporate  tax  credit donations,  as                                                               
found in  the governors original bill.   There is a  $160 million                                                               
cap on the fund to protect  students who are completing four year                                                               
programs to do so, should the  funding streams be eliminated at a                                                               
future  date.     It  also   adds  requirements   that  receiving                                                               
institutions   provide   advisor/advocates  to   ensure   student                                                               
success,  with the  understanding that  these funds  represent an                                                               
investment, and  students should  be assisted  to stay  on track.                                                               
It  also  inserts  transition language,  and  provides  effective                                                               
dates in  accordance with agencies  promulgating regulation.   He                                                               
pointed out that this funding  mechanism is the primary change in                                                               
Version I.                                                                                                                      
                                                                                                                                
9:26:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE  asked if  there are  any conditions  in the                                                               
bill that require the recipient to seek work within the state.                                                                  
                                                                                                                                
REPRESENTATIVE  SEATON  responded  that the  requirement  is  for                                                               
attendance at an institution in Alaska.                                                                                         
                                                                                                                                
REPRESENTATIVE  P. WILSON  offered that  research indicates  that                                                               
students  often remain  in  the area  where  they have  completed                                                               
their higher education.                                                                                                         
                                                                                                                                
REPRESENTATIVE  FEIGE argued  that it  is a  fair and  reasonable                                                               
request to  make of a  recipient, and  the risk could  be guarded                                                               
against by including a requirement in the bill.                                                                                 
                                                                                                                                
REPRESENTATIVE SEATON  pointed out that  this is not a  full ride                                                               
scholarship offer,  and suggested that  it would be  difficult to                                                               
require that every student remain in-state.                                                                                     
                                                                                                                                
9:30:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  remembered  that  in  the  1980's  Alaska                                                               
offered  student  loans, with  a  forgiveness  clause should  the                                                               
graduate remain, or return, to work in-state.                                                                                   
                                                                                                                                
9:30:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  reported that through  lengthy discussions                                                               
were held on this topic  prior to the recommendation for in-state                                                               
use.                                                                                                                            
                                                                                                                                
REPRESENTATIVE FEIGE suggested  that it could be  structured as a                                                               
loan with no payments due back for  a period of eight years.  The                                                               
student would  have time to  attend college, gain an  entry level                                                               
position,  and  possibly  travel.     Providing  a  mechanism  to                                                               
indicate resident  status, the loan  could convert to a  grant at                                                               
some point, he opined.                                                                                                          
                                                                                                                                
9:34:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA observed that this  is a critical stage for                                                               
the bill  and stated  her belief that  the discussion  appears to                                                               
represent two different programs, and both are good ideas.                                                                      
                                                                                                                                

Document Name Date/Time Subjects
Sectional Analyis of HB 104.pdf HEDC 2/9/2011 8:00:00 AM
HB 104
Summary of HB 104.pdf HEDC 2/9/2011 8:00:00 AM
HB 104
HB 5 Leigislation.PDF HEDC 2/9/2011 8:00:00 AM
HB 5
HB 5 Sponsor Statement.pdf HEDC 2/9/2011 8:00:00 AM
HB 5
Haines Support Letter Re HB 5.pdf HEDC 2/9/2011 8:00:00 AM
HB 5
AS 14.03.075 Re HB5.pdf HEDC 2/9/2011 8:00:00 AM
HB 5
4 AAC 04 Re HB 5.pdf HEDC 2/9/2011 8:00:00 AM
HB 5
Alaska Ed Standards.pdf HEDC 2/9/2011 8:00:00 AM
Federal Legislation Re HB 5.pdf HEDC 2/9/2011 8:00:00 AM
HB 5
History of Federal Legislation Re HB5.pdf HEDC 2/9/2011 8:00:00 AM
HB 5