Legislature(2011 - 2012)CAPITOL 106

02/21/2011 08:00 AM House EDUCATION


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08:04:22 AM Start
08:05:00 AM Presentation(s): Galena School District
08:24:17 AM HB6
08:31:33 AM HB5
09:18:17 AM Presentation(s): Lego League Robotics Competition
09:44:38 AM HB104
09:49:47 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation by Galena School District TELECONFERENCED
Superintendent
+= HB 6 REMOVING A REGENT TELECONFERENCED
Moved CSHB 6(EDC) Out of Committee
+= HB 5 CONSTITUTIONAL HISTORY CURRICULUM TELECONFERENCED
Heard & Held
+ Presentation: Lego League Robotics Competition TELECONFERENCED
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 104 ALASKA PERFORMANCE SCHOLARSHIPS TELECONFERENCED
Heard & Held
             HB 5-CONSTITUTIONAL HISTORY CURRICULUM                                                                         
                                                                                                                                
8:31:33 AM                                                                                                                    
                                                                                                                                
CHAIR DICK  announced that  the next order  of business  would be                                                               
HOUSE  BILL NO.  5, "An  Act requiring  a standardized  statewide                                                               
history of American constitutionalism  curriculum and a secondary                                                               
school  history  of  American  constitutionalism  examination  in                                                               
public  schools in  the  state; and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
8:31:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON moved  to adopt  the committee  substitute                                                               
(CS) for HB  5, labeled Version 27-LS0018\D,  Mischel, 2/1011, as                                                               
the  working draft.   There  being  no objection,  Version D  was                                                               
before the committee.                                                                                                           
                                                                                                                                
8:32:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WES KELLER, Alaska  State Legislature, reviewed HB
5,  which he  originally presented  to the  committee on  2/9/11,                                                               
proposing American Constitutionalism as  a required course in all                                                               
high schools; spanning the  development of governmental documents                                                               
adopted  between 1776  and  1791.   He noted  that  in 1993,  the                                                               
standards  established to  teach government  classes, in  Alaskan                                                               
schools, included  this time period.   The CS redesigns  the bill                                                               
to  remove the  $1.75 million  dollar fiscal  responsibility from                                                               
the  Department of  Education and  Early  Development (EED),  and                                                               
transfers   it  to   the  individual   school   districts.     He                                                               
acknowledged that  the school districts may  testify against this                                                               
bill,  and  appealed  to  the  committee to  raise  the  bar  for                                                               
education on  this topic.   A mandate  should be  instituted, for                                                               
teaching a one half credit  course on American Constitutionalism,                                                               
and  requiring  students  pass  it  in order  to  graduate.    He                                                               
conceded that  many districts may  already be in  compliance with                                                               
this action.                                                                                                                    
                                                                                                                                
8:39:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON asked whether  this information could be                                                               
integrated  into an  existing course  of  study, or  if the  bill                                                               
requires it to be a stand-alone class.                                                                                          
                                                                                                                                
REPRESENTATIVE KELLER stated his  belief that currently there are                                                               
no  credit requirements  for high  school history.   The  content                                                               
standards are  in place, however, and  American Constitutionalism                                                               
could   be  incorporated,   or   expanded,   into  the   existing                                                               
curriculum.   Additionally, internet access exists  for obtaining                                                               
American Constitutionalism  information, which would  not require                                                               
funding.                                                                                                                        
                                                                                                                                
8:40:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON referred  to the bill page  2, lines 26-28,                                                               
and asked:                                                                                                                      
                                                                                                                                
     Isn't  this  really  adopting   a  second  high  school                                                                    
     qualifying examination.  ... [The  bill reads]  [(b)] a                                                                    
     district may not issue a  secondary school diploma to a                                                                    
     student who  does not successfully complete  the course                                                                    
     and examination in this section.                                                                                           
                                                                                                                                
REPRESENTATIVE KELLER responded:                                                                                                
                                                                                                                                
     A high  school qualifying exam is  for state standards,                                                                    
     for what we expect our  students to know broadly in the                                                                    
     state;  where  this  standard  would  be  set  by  each                                                                    
     particular  district.  ... It  is  not  one that  is  a                                                                    
     common state standard.   It is a  requirement that they                                                                    
     have to pass a test  that demonstrates their capability                                                                    
     according to the standards of the school district.                                                                         
                                                                                                                                
8:41:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   requested  an  opportunity   to  discuss                                                               
specific  points  with the  sponsor,  outside  of the  committee,                                                               
because the intent is clear but not the structure.                                                                              
                                                                                                                                
REPRESENTATIVE  KELLER emphasized  that  the  proficiency of  the                                                               
students would need to be tested.                                                                                               
                                                                                                                                
8:43:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  noted  that the  bill  makes a  course                                                               
requirement  for graduation,  and questioned  why the  test would                                                               
not need to be standardized throughout the state.                                                                               
                                                                                                                                
REPRESENTATIVE KELLER  said that requesting EED  to provide state                                                               
standards would cost  $1.5 million; hence the  CS eliminates that                                                               
requirement  and   allows  districts  to   establish  proficiency                                                               
standards and appropriate testing.   He pointed out that there is                                                               
not a penalty for a school district's non-compliance.                                                                           
                                                                                                                                
REPRESENTATIVE  P. WILSON  argued that  a penalty  does exist  in                                                               
disallowing  graduation  to  the   students  of  a  non-compliant                                                               
district.                                                                                                                       
                                                                                                                                
REPRESENTATIVE KELLER agreed and said  a district could make that                                                               
choice.  He said:                                                                                                               
                                                                                                                                
      I would ask the committee to keep in mind that this                                                                       
        bill directs the requirement for testing on the                                                                         
     districts; it is not a statewide standard.                                                                                 
                                                                                                                                
8:46:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON referred to  the bill, page 2, lines 26-                                                               
28,  and  paraphrased from  the  language,  which read  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     (b)  A  district  may  not  issue  a  secondary  school                                                                    
     diploma  to   a  student  who  does   not  successfully                                                                    
     complete the  course and  examination described  in (a)                                                                    
     of this  section.   A school district  may not  grant a                                                                    
     waiver of this requirement.                                                                                                
                                                                                                                                
8:46:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  concurred and  identified the issue  to be                                                               
which entity  has the  authority to  deny graduation.   Authority                                                               
should rest  with the  school district, not  the state,  he said,                                                               
and, if not, the bill will need to be revised appropriately.                                                                    
                                                                                                                                
8:47:47 AM                                                                                                                    
                                                                                                                                
BRUCE  JOHNSON,  Executive  Director, Alaska  Council  of  School                                                               
Administrators (ACSA), stated opposition  to HB 5, and questioned                                                               
whether the credit  concept, for this course of  study, should be                                                               
a  requirement.   A semester  course  is calculated  in hours  of                                                               
study to be complied with by a  student.  Seat time is becoming a                                                               
variable,  in  today's  classroom  as it  shifts  away  from  the                                                               
Carnegie  unit standard  and students  are  allowed to  challenge                                                               
courses.  The standards that the  bill sets out are good, and the                                                               
content  should be  taken seriously.   However,  when testing  is                                                               
mandated,  the  requirement  becomes  complicated;  consideration                                                               
must  be   given  to  special  education   students  and  English                                                               
learners, for instance.  Relative  to other very important pieces                                                               
that the  ACSA is considering, it  would be hard to  include, and                                                               
prioritize, this type  of mandate on the plate.   He reported his                                                               
understanding  that  high  school  requirements  include  a  half                                                               
credit  of  American  Government,  and three  credits  of  social                                                               
studies,  of which  a  one  half credit  course  must be  Alaskan                                                               
history.   The remaining two  and one half credits  are electives                                                               
of  district offerings.    He  said, "I  can't  imagine a  school                                                               
district leaving  out American Government and  civics."  However,                                                               
another  mandate  would  not  be  productive,  he  opined.    The                                                               
national  and  state  standards movement,  which  swept  American                                                               
schools twelve years ago, is  now being recognized as a difficult                                                               
process, and  questioned.  The  importance of  individual student                                                               
needs  is being  realized  and  becoming a  focal  point, at  the                                                               
district  level.   He  finished  stating that  this  bill is  not                                                               
necessary, and will  require funding or redirection  of money, as                                                               
well as drawing down existing resources.                                                                                        
                                                                                                                                
8:52:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE  asked, "A mandate  that you teach  a course                                                               
in American Constitutionalism, what is it taking away from."                                                                    
                                                                                                                                
MR. JOHNSON stated  that it may vary  between districts depending                                                               
on  reprioritization, but  local control  would be  important and                                                               
supported by ACSA.                                                                                                              
                                                                                                                                
REPRESENTATIVE  FEIGE   queried  whether  it  is   important  for                                                               
graduates to  understand the foundation  and fundamentals  of the                                                               
U.S. government.                                                                                                                
                                                                                                                                
MR. JOHNSON said absolutely.                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE asked whether it is already being taught.                                                                  
                                                                                                                                
MR. JOHNSON  responded that it may  not be taught as  outlined in                                                               
the CS, in every district;  however, the vast majority of schools                                                               
spend class time teaching the underpinnings of U.S. democracy.                                                                  
                                                                                                                                
REPRESENTATIVE  FEIGE suggested  that it's  a non  issue if  it's                                                               
being taught.                                                                                                                   
                                                                                                                                
MR. JOHNSON indicated  that the material may not be  brought as a                                                               
one  semester  course,  as  required  by the  CS.    He  provided                                                               
examples of how government concepts are taught and tested.                                                                      
                                                                                                                                
8:55:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON maintained  that  the CS,  in making  this                                                               
course a requirement  for graduation but not including  it in the                                                               
structure of the current high  school graduation qualifying exam,                                                               
represents an additional graduation test, and asked for comment.                                                                
                                                                                                                                
MR. JOHNSON speculated  that perhaps it could be given  as an end                                                               
of course  test, with opportunities  to challenge the  exam until                                                               
graduation;  perhaps  longer  if   it  represents  a  barrier  to                                                               
receiving a  high school diploma.   The high stakes  issues would                                                               
need to be regulated.                                                                                                           
                                                                                                                                
8:58:24 AM                                                                                                                    
                                                                                                                                
CHAIR DICK opined that the stakes  may be high if people lose, or                                                               
have  not learned,  the  fundamentals of  the  government of  the                                                               
country where  they live, including  those for whom English  is a                                                               
second   language.      The   constitution   provides   a   basic                                                               
understanding  of government  rules.   He stressed  that mandates                                                               
are  not a  welcome factor,  but the  best proof  that this  bill                                                               
isn't necessary would  be to show how the  students are currently                                                               
receiving and understanding the  constitution.  He suggested that                                                               
many people  might consider that  individual rights  are provided                                                               
by the government, not the creator,  which is contrary to what is                                                               
stated in the constitution.   Where a citizen's rights originate,                                                               
and how the  United States is run, may be  missing in classrooms,                                                               
hence the necessity for the introduction of HB 5.                                                                               
                                                                                                                                
9:00:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE noted that  the required class is stipulated                                                               
to be  taught in  twelfth grade,  and suggested  eliminating that                                                               
language to allow flexibility.                                                                                                  
                                                                                                                                
MR.  JOHNSON said  that in  many  of the  rural facilities,  high                                                               
school classes are  populated by students from  every upper grade                                                               
level.   He  agreed that  this class  should not  be delayed,  or                                                               
restricted, to the final year.                                                                                                  
                                                                                                                                
9:02:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON recalled  having this course work taught                                                               
in eighth grade, and agreed that  it should not be delayed to the                                                               
twelfth  grade but  determined  by the  district.   Further,  she                                                               
expressed  concern  for  making   the  class  a  requirement  for                                                               
graduation, and said it makes it difficult to support the bill.                                                                 
                                                                                                                                
9:05:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE offered to propose an amendment.                                                                           
                                                                                                                                
9:05:35 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:05 a.m. to 9:06 a.m.                                                                       
                                                                                                                                
9:06:36 AM                                                                                                                    
                                                                                                                                
CARL  ROSE,  Executive  Director, Association  of  Alaska  School                                                               
Boards (AASB), stated  opposition to HB 5, and  said AASB opposes                                                               
unfunded mandates.   He  reported that he  served on  a citizen's                                                               
advisory task force to create  civics education policy, in recent                                                               
years.   Every  citizen has  a responsibility  to understand  the                                                               
U.S. Constitution and all that  it represents, and how it relates                                                               
to the state  constitution, and down to the community  level.  He                                                               
said civics is being taught, beginning  in 8th grade.  The intent                                                               
of  the  bill  is  already being  accomplished,  he  opined,  and                                                               
acknowledged that  the bill sponsor  is seeking evidence  of that                                                               
teaching.  However, this bill  represents a financial burden, and                                                               
the zero  fiscal note means  that it  will need to  be redirected                                                               
from the foundation formula receipts by each district.                                                                          
                                                                                                                                
9:13:04 AM                                                                                                                    
                                                                                                                                
STEWART THOMPSON  stated support  for HB  5, paraphrasing  from a                                                               
prepared statement,  which read as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     The need  for statutory  restraint against  sabotage of                                                                    
     comprehension   of   citizenship   and  our   form   of                                                                    
     government is  illustrated by this quote  from the Mat-                                                                    
     Su  School  Board  Nov.   3rd,  2010  Meeting  minutes:                                                                    
     "Currently  there  are  no  sections  of  Civics  being                                                                    
     taught   in  the   Mat-Su   Borough  School   District.                                                                    
     Elements  of  Civics  are  embedded  in  8th  grade  US                                                                    
     Studies;  11th   grade  US  History;  and   12th  grade                                                                    
     Government."  This  scarcity of educational opportunity                                                                    
     naturally retards development  of competent citizenship                                                                    
     while more  often developing the  lazy irresponsibility                                                                    
     of political apathy.                                                                                                       
                                                                                                                                
     How  can  this  be  and  be  tolerated  by  adults  who                                                                    
     allegedly  mean their  Pledge  of  Allegiance?   Thomas                                                                    
     Paine, in  his Rights  of Man,  suggests:   "Reason and                                                                    
     ignorance, the  opposite of  each other,  influence the                                                                    
     bulk of  mankind.  If  either of these can  be rendered                                                                    
     sufficiently  extensive,  the machinery  of  government                                                                    
     goes easily on.  Reason  obeys itself and (my emphasis)                                                                    
     Ignorance submits to whatever is dictated to it."                                                                          
                                                                                                                                
     Symptomatic of the decline  of general comprehension of                                                                    
     civics  and  citizenship  is   our  grossly  low  voter                                                                    
     participation -  and its justifying  whine "politicians                                                                    
     do  whatever they  want no  matter what  I say  or do."                                                                    
     That  is  the  correct  mindset for  being  subject  to                                                                    
     elected  aristocracy and,  if you  add an  addiction to                                                                    
     government  protection   from  the  trials   of  living                                                                    
     itself, outright  serfdom.   That true  political power                                                                    
     does lie with the People  acting together has just been                                                                    
     illustrated  in   Egypt.    Current   public  education                                                                    
     produces   Americans  who   believe  such   defense  of                                                                    
     inalienable   rights  results   from  manipulation   by                                                                    
     America's  enemies.    This is  while  often  believing                                                                    
     government officials are there  to make the hard, often                                                                    
     secret, decisions for everyone.  I'm serious!                                                                              
                                                                                                                                
     I recommend three things:                                                                                                  
                                                                                                                                
     1)  Pass   this  bill  with  more   specifically  named                                                                    
     references.                                                                                                                
                                                                                                                                
     2) Have  legislators themselves set  a good  example by                                                                    
     openly  attending  public   school  civics  classes  to                                                                    
     refresh     THEIR    comprehension     of    government                                                                    
     fundamentals.                                                                                                              
                                                                                                                                
     3)  The  ultimate  test of  education  is  application.                                                                    
     Encourage   gradient  application   of  our   political                                                                    
     heritage  by  the  young  people  themselves,  as  they                                                                  
     naturally  discover  the necessity  for  self-governing                                                                  
     their   student  society   to   make  their   education                                                                  
     successful.   Dictatorial control by an  aristocracy of                                                                  
     indoctrinating  adults   currently  makes   the  public                                                                    
     school  experience a  hypocritical attack  on the  very                                                                    
     political  heritage we're  constitutionally charged  to                                                                    
     pass on.                                                                                                                   
                                                                                                                                
     My  testimony  is  perhaps inadequate  to  express  the                                                                    
     urgency of  truly arming our youth  against the enemies                                                                    
     of   rational   government  and   human   civilization.                                                                    
     Consider another Thomas Paine  quote instead:  "An army                                                                    
     of principles will penetrate where  an army of soldiers                                                                    
     cannot.   It will  succeed where  diplomatic management                                                                    
     would fail.  It is  neither the Rhine, the Channel, nor                                                                    
     the Ocean that  can arrest progress.  It  will march on                                                                    
     the horizon of the world and it will conquer."                                                                             
                                                                                                                                
9:16:52 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:16 a.m. to 9:17 a.m.                                                                       
                                                                                                                                
9:17:30 AM                                                                                                                    
                                                                                                                                
CHAIR  DICK announced  that the  bill would  be held,  and public                                                               
testimony would remain open.                                                                                                    
                                                                                                                                

Document Name Date/Time Subjects
CSHB 5 sponsor.pdf HEDC 2/21/2011 8:00:00 AM
HB 5
CSHB 5 Work Draft.pdf HEDC 2/21/2011 8:00:00 AM
HB 5
HB 5 Mat-Su Board Resolution.pdf HEDC 2/21/2011 8:00:00 AM
HB 5
HB 5 support 1.pdf HEDC 2/21/2011 8:00:00 AM
HB 5
CSHB 5 Sectional.pdf HEDC 2/21/2011 8:00:00 AM
HB 5
Galena City School District.ppt HEDC 2/21/2011 8:00:00 AM