Legislature(2001 - 2002)

04/04/2001 08:08 AM House EDU

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SB 133-PUBLIC SCHOOL COMPETENCY EXAM                                                                                          
                                                                                                                                
[Please  note that  the  tape for  this meeting  is  a House  EDU                                                               
tape.]                                                                                                                          
                                                                                                                                
[Part of proposed CSHB 94,  Version J, had been incorporated into                                                               
the proposed HCS for CSSB 133, Version B]                                                                                       
                                                                                                                                
CHAIR BUNDE  announced that the  committees would address  CS FOR                                                               
SENATE  BILL  NO.  133(HES),  "An  Act  relating  to  a  two-year                                                               
transition  for   implementation  of   the  public   high  school                                                               
competency examination  and to  establishing a  secondary student                                                               
competency examination  as a high school  graduation requirement;                                                               
and providing  for an  effective date."   [SB 133  was officially                                                               
before only the House Special Committee on Education.]                                                                          
                                                                                                                                
Number 0200                                                                                                                     
                                                                                                                                
CHAIR  BUNDE pointed  out  that the  House  Special Committee  on                                                               
Education  had adopted  [at the  previous meeting]  HCS for  CSSB
133,  Version  B, 22-LS0607\B,  Ford,  3/30/01,  and was  in  the                                                               
process  of  addressing  amendments.   [One  amendment  had  been                                                               
offered at the  previous meeting, but had failed  to be adopted.]                                                               
He made a motion to adopt Amendment 1, as follows:                                                                              
                                                                                                                                
     Page 2, line 10:                                                                                                           
                                                                                                                                
     Change "Secondary pupil competency testing" to                                                                           
            Secondary student competency testing                                                                                
                                                                                                                              
CHAIR BUNDE explained that this would refer more specifically to                                                                
the competency examination.  There being no objection, Amendment                                                                
1 was adopted.                                                                                                                  
                                                                                                                                
Number 0417                                                                                                                     
                                                                                                                                
[The following amendments are numbered as they were in the                                                                      
packets, not in the order they were offered.]                                                                                   
                                                                                                                                
REPRESENTATIVE GUESS made a motion to adopt Amendment 5, which                                                                  
read [original punctuation and capitalization provided]:                                                                        
                                                                                                                                
     Insert new intent section                                                                                                  
                                                                                                                                
     INTENT.  It  is the intent of the  legislature that the                                                                    
     Department of Education  and Early Development, through                                                                    
     its existing  federally-required monitoring  program of                                                                    
     district  special education  programs, will  review the                                                                    
     potential for  an IEP team's inappropriate  lowering of                                                                    
     IEP goals  and objectives for the  purpose of providing                                                                    
     a diploma to  a student who has not  achieved the State                                                                    
     performance   standards    to   the    maximum   extent                                                                    
     practicable; and  will order such corrective  action as                                                                    
     determined appropriate.                                                                                                    
                                                                                                                                
     Section 3                                                                                                                
                                                                                                                                
     (c)(1) delete and replace with                                                                                             
                                                                                                                                
     (1)  A  student shall  receive  an  endorsement on  the                                                                    
     student's diploma and  transcript identifying the areas                                                                    
     of the examination successfully passed.                                                                                    
                                                                                                                                
     (2) a student who is a  child with a disability and who                                                                    
     does  not achieve  a passing  score on  the examination                                                                    
     required  under  (a) of  this  section  is eligible  to                                                                    
     receive   a  diploma   if   the  student   successfully                                                                    
     completes  an alternative  assessment program  required                                                                    
     by  the student's  individualized education  program or                                                                    
     required  in  the  education  plan  developed  for  the                                                                    
     student under 29  USC 794 that conforms  to the maximum                                                                    
     extent   practicable   with   the   state   performance                                                                    
     standards  on the  competency exam  established by  the                                                                    
     board.                                                                                                                     
                                                                                                                                
        (3) The criteria for the alternative assessment                                                                         
     program shall not change for a child with a disability                                                                     
     after February 1 of the student's junior year.                                                                             
                                                                                                                                
     (4)  The  department   shall  by  regulation  establish                                                                    
     "alternative assessment program"  and uniform standards                                                                    
     and  processes in  creating  an alternative  assessment                                                                    
     program.                                                                                                                   
                                                                                                                                
CHAIR BUNDE  objected.  He  stated that he views  [the amendment]                                                               
as substantially  similar to an  amendment that did not  pass [at                                                               
the previous meeting].                                                                                                          
                                                                                                                                
REPRESENTATIVE  GUESS  responded   that  she  would  respectfully                                                               
disagree with him.   She stated that there is  intent language to                                                               
ensure, when  the Department of  Education and  Early Development                                                               
monitors  school  districts'   special-education  programs,  that                                                               
districts  are   not  lowering  goals   to  guarantee   that  IEP                                                               
(Individual  Education Plan)  students  will get  diplomas.   One                                                               
substantial  change,   she  said,   is  paragraph  (3)   [of  the                                                               
amendment],  which   sets  forth  a  date   when  an  alternative                                                               
assessment program  has to be  established.  She added  that this                                                               
addresses  Representative Wilson's  concern that  the alternative                                                               
assessment program  would constantly be moving,  and ensures that                                                               
all students  with disabilities would  get a diploma if  they did                                                               
not  reach their  goals.   Goals  would  need to  be  set by  the                                                               
semester following  the student's taking the  examination and are                                                               
not to  be changed after that.   Therefore, if the  child reaches                                                               
the goals in the  program, he or she will receive  a diploma.  If                                                               
the child does not [reach the  goals], he or she will not receive                                                               
a diploma.                                                                                                                      
                                                                                                                                
CHAIR BUNDE  remarked that a cynic  could say, "You just  set the                                                               
goals low  enough in the sophomore  year and then you  don't have                                                               
any  concern."     The  rest  of  the  amendment,   he  said,  is                                                               
substantially  similar  and would  be  flagging,  which would  be                                                               
illegal.   He  remarked  that Representative  Guess could  remove                                                               
Section 3  and address  it separately; otherwise,  he said  he is                                                               
ruling the amendment out of order as "substantially similar."                                                                   
                                                                                                                                
REPRESENTATIVE  GUESS  responded that  she  had  talked with  the                                                               
Office of  the Attorney  General, which does  not agree  with the                                                               
Disability Law Office  on this issue.   The Senate's disabilities                                                               
law presented  the same  argument to the  Senate, and  the Senate                                                               
passed similar  language, 19 to  0.   She stated that  she thinks                                                               
under  the House  version  there are  three  ways this  amendment                                                               
would allow a student to get a diploma without the endorsements:                                                                
an alternative assessment program, a waiver, or an appeal.  She                                                                 
announced that she would withdraw her amendment.                                                                                
                                                                                                                                
Number 0701                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUESS made a motion to adopt Amendment 6, which                                                                  
read [original punctuation and capitalization provided]:                                                                        
                                                                                                                                
     Sec 2, line 12                                                                                                           
                                                                                                                                
     Examination  in  the  areas of  reading,  English,  and                                                                    
     mathematics  or receives  a waiver  from the  governing                                                                  
     body.   A governing body  may not  grant a waiver  to a                                                                  
     pupil   before   the   student's  final   semester   of                                                                  
     attendance.                                                                                                              
                                                                                                                              
     Add new section                                                                                                          
                                                                                                                                
     The board  shall by regulation implement  the secondary                                                                    
     school  pupil competency  examination provisions  of AS                                                                    
     14.03.0175, including the  criteria and procedure under                                                                    
     which  a  governing  body  uses a  waiver  to  grant  a                                                                    
     diploma  to  a  pupil; criteria  regarding  granting  a                                                                    
     waiver  must   include  provisions  requiring   that  a                                                                    
     student  satisfy  the performance  standards  developed                                                                    
     under 14.07.020(b) to the maximum extent possible.                                                                         
                                                                                                                                
     A waiver  shall only  be granted  for pupils  who enter                                                                    
     the system  late or have rare  or unusual circumstances                                                                    
     meriting a waiver.                                                                                                         
                                                                                                                                
     Add new section                                                                                                          
                                                                                                                                
     Report.     The  Department  of  Education   and  Early                                                                    
     Development  shall,  by  February 15  2002,  deliver  a                                                                    
     report to  the Alaska State Legislature  describing the                                                                    
     proposed criteria  and procedures under which  a school                                                                    
     district could  use a  waiver to grant  a diploma  to a                                                                    
     students  [sic] and  recommending statutory  changes to                                                                    
     the  competency  examination wavier  requirements  that                                                                    
     the  department determines  are  necessary to  maintain                                                                    
     the school accountability provisions of AS 14.03.123.                                                                      
                                                                                                                                
CHAIR BUNDE objected.                                                                                                           
                                                                                                                                
REPRESENTATIVE GUESS  explained that  this amendment  would bring                                                               
the House and  the Senate versions closer together.   It puts the                                                               
waiver  in  statute, to  be  determined  by  the State  Board  of                                                               
Education,  but dictates  that the  [EED] has  to [report  to the                                                               
legislature]  next year  on how  the waiver  will be  determined.                                                               
Therefore,  if  [the  legislature]  has any  problems  with  [the                                                               
waiver], if  can change  the statute  at that  time.   She stated                                                               
that she added  to the Senate language:  "A  waiver shall only be                                                               
granted for  pupils who  enter the  system late  or have  rare or                                                               
unusual circumstances meriting a waiver."   She said she believes                                                               
that  this body  needs  to  make a  conscious  decision that  the                                                               
waiver is not to  be put in the language in  the House version as                                                               
it  stands.   All that  is being  asked for  is a  report on  the                                                               
waiver language.   She added  that she thinks this  is especially                                                               
important for the  military community as to whether  or not there                                                               
is going  to be a waiver  process for students who  come into the                                                               
system late.                                                                                                                    
                                                                                                                                
CHAIR BUNDE asked if  it would be fair to say  that this puts the                                                               
waiver mechanism  squarely in the  [EED's] ballpark, and  if they                                                               
can  then introduce  any waiver  that falls  under the  "rare and                                                               
unusual circumstance" criteria.                                                                                                 
                                                                                                                                
REPRESENTATIVE  GUESS responded  that  she  believes, similar  to                                                               
everything  else   in  regulation,   that  the  State   Board  of                                                               
Education,  and not  [the EED],  is  going to  have control  over                                                               
defining the waiver.   However, as it is with  all regulations in                                                               
every department, the  legislature can always go  back and change                                                               
the  statute in  order to  put barriers  around the  regulations.                                                               
She  added that  she thinks  this is  a good  checks-and-balances                                                               
system for the waiver process.                                                                                                  
                                                                                                                                
CHAIR  BUNDE  remarked  that changing  regulations  is  virtually                                                               
impossible  and that  changing statutes,  sometimes,  is quite  a                                                               
challenge.                                                                                                                      
                                                                                                                                
Number 0970                                                                                                                     
                                                                                                                                
A  roll call  vote was  taken.   Representatives Porter,  Wilson,                                                               
Stevens,  Joule,  and Guess  voted  in  favor of  the  amendment.                                                               
Representative Bunde voted against  it. [Representative Green was                                                               
absent.]  Therefore, Amendment 6 was adopted by a vote of 5-1.                                                                  
                                                                                                                                
Number 1008                                                                                                                     
                                                                                                                                
CHAIR BUNDE  made a  motion to adopt  Amendment 2,  the corrected                                                               
version of which read:                                                                                                          
                                                                                                                                
     Page 2, line 2:                                                                                                            
                                                                                                                                
     Add to the intent language:                                                                                                
                                                                                                                                
            (5) that the secondary student competency test                                                                      
     focus  on  the minimum  competencies  in  the areas  of                                                                    
     reading,  English,  and   mathematics  that  a  student                                                                    
     should  have  to  know  in order  to  function  in  our                                                                    
     society.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  PORTER  stated  that  he  was  confused  [by  the                                                               
amendment].                                                                                                                     
                                                                                                                                
CHAIR BUNDE  explained that  this is in  the intent  language and                                                               
would provide parameters.                                                                                                       
                                                                                                                                
REPRESENTATIVE  STEVENS  suggested   removing  the  "and"  before                                                               
paragraph (4)  [on page  1, line  14, Version  B] and  putting it                                                               
before paragraph (5).                                                                                                           
                                                                                                                                
CHAIR BUNDE agreed.  He  announced that there being no objection,                                                               
Amendment 2 was adopted.                                                                                                        
                                                                                                                                
Number 1268                                                                                                                     
                                                                                                                                
CHAIR  BUNDE made  a  motion  to adopt  Amendment  3, which  read                                                               
[original punctuation and capitalization provided]:                                                                             
                                                                                                                                
     Section 3:                                                                                                                 
                                                                                                                                
     Page 3, Line 21:    After   "A  pupil   who  fails   to                                                                    
     qualify  for the  issuance of  a diploma  under (a)  of                                                                    
     this section or a retest under (b) of this section"                                                                        
                                                                                                                                
     Add:                by the Spring of the senior year,                                                                      
     but  who   has  met  all  other   requirements  of  the                                                                    
     governing body,"                                                                                                           
                                                                                                                                
CHAIR  BUNDE explained  that this  discusses  the certificate  of                                                               
achievement.  He  said he was concerned that someone  who did not                                                               
meet the  other requirements of  the local school  district could                                                               
ask for  a certificate of  achievement, simply because he  or she                                                               
didn't qualify for a diploma.                                                                                                   
                                                                                                                                
REPRESENTATIVE  STEVENS asked  when "by  the Spring"  would refer                                                               
to.                                                                                                                             
                                                                                                                                
CHAIR  BUNDE replied  that it  would be  after January  1 of  the                                                               
senior  year.    He  announced that  there  being  no  objection,                                                               
Amendment 3 was adopted.                                                                                                        
                                                                                                                                
Number 1461                                                                                                                     
                                                                                                                                
CHAIR  BUNDE made  a  motion  to adopt  Amendment  4, which  read                                                               
[original punctuation and capitalization provided]:                                                                             
                                                                                                                                
     Section 3                                                                                                                  
                                                                                                                                
     Page 3, Line 10     Add ", but not the modifications,"                                                                     
     after  "the accommodations"  so that  Lines 9-11  would                                                                    
     read,   "passing  all   portions  of   the  examination                                                                    
     described   under  (a)   of  this   section  with   the                                                                    
     accommodations, but not  the modifications, approved by                                                                    
     the pupil's individualized education program team; or                                                                      
                                                                                                                                
     Page 3, Line 12     Add "without modifications," after                                                                     
     "through  a  portfolio of  work"  so  that Lines  12-13                                                                    
     would  read,  "demonstrating,  through a  portfolio  of                                                                    
     work   without   modifications,    mastery   of   state                                                                    
     performance standards established by the board; and"                                                                       
                                                                                                                                
CHAIR BUNDE  explained that this  would allow  for accommodations                                                               
but not modifications.                                                                                                          
                                                                                                                                
REPRESENTATIVE GUESS objected.                                                                                                  
                                                                                                                                
CHAIR  BUNDE  reminded the  committee  that  an accommodation  is                                                               
something that allows a person  to demonstrate his or her mastery                                                               
and does  not change the  test.   A modification, he  said, would                                                               
change the test.                                                                                                                
                                                                                                                                
REPRESENTATIVE GUESS  asked if this  refers to the  portfolio and                                                               
not the examination.                                                                                                            
                                                                                                                                
CHAIR BUNDE  responded that she  was correct.  However,  he said,                                                               
he  would  have an  equally  strong  objection to  modifying  the                                                               
examination.    He  pointed  out   that  line  10  discusses  the                                                               
accommodations  under the  exam and  that line  12 discusses  the                                                               
portfolio.                                                                                                                      
                                                                                                                                
Number 1597                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON  asked [in  reference to  the exam  and the                                                               
portfolio] if  "one is for someone  that is using an  IEP and the                                                               
other one is for somebody in the other category."                                                                               
                                                                                                                                
CHAIR BUNDE  responded that this  is for  allowing accommodations                                                               
for children with disabilities.                                                                                                 
                                                                                                                                
REPRESENTATIVE WILSON stated:                                                                                                   
                                                                                                                                
     I'm just  really struggling  through this  whole thing.                                                                    
     ... I've  been really kind  of agonizing over  it since                                                                    
     we  had this  discussion.   What  we're really  talking                                                                    
     about  is ...  a right  of passage  as they  leave high                                                                    
     school  ... I  just  wish we  could  do something  that                                                                    
     everyone is left  with their dignity. ...  I think when                                                                    
     we get all done with this,  there's going to be a group                                                                    
     of people  somewhere that no  matter what we do  and no                                                                    
     matter  what  they  do,  we're  going  to  be  kind  of                                                                    
     cramping their spirit.                                                                                                     
                                                                                                                                
CHAIR  BUNDE  reminded Representative  Wilson  that  this is  for                                                               
people who are  under IEPs.  He stated that  if modifications are                                                               
allowed for  people under IEPs  then the regular student,  who is                                                               
also  struggling but  has to  achieve some  level of  competency,                                                               
will be treated unfairly.                                                                                                       
                                                                                                                                
REPRESENTATIVE  WILSON  responded  that that's  the  group  about                                                               
which she is  the most worried.  She added  that she doesn't feel                                                               
good about the portfolios, either.                                                                                              
                                                                                                                                
CHAIR  BUNDE explained  that  the portfolio  is  included in  the                                                               
reports [the legislature] gets back  from the [EED] as to whether                                                               
this is a workable solution or not.                                                                                             
                                                                                                                                
Number 1695                                                                                                                     
                                                                                                                                
REPRESENTATIVE    STEVENS   remarked    that   this    truly   is                                                               
[frustrating].    He stated  that  if  there  is a  continuum  of                                                               
special-education students,  from those who  are going to  do the                                                               
best to those who  are going to do the worst,  he thinks the line                                                               
is drawn much  to close, whereby very few will  actually have any                                                               
possibility of  getting a diploma.   He asked Chair Bunde  why he                                                               
wants to put "without modifications" again [on page 3, line 12].                                                                
                                                                                                                                
CHAIR BUNDE responded  that a modification would  change the test                                                               
so  that there  is no  proof that  the student  has mastered  the                                                               
minimum competency that has been  established.  He clarified that                                                               
a  modification, for  example,  would be  if  someone passed  the                                                               
reading  test by  having  the  information read  to  him or  her,                                                               
whereas an accommodation would be providing large print.                                                                        
                                                                                                                                
REPRESENTATIVE  STEVENS asked,  if a  child was  dyslexic or  had                                                               
trouble reading, whether a modification,  in the written section,                                                               
would be for that section to be read to the student.                                                                            
                                                                                                                                
CHAIR BUNDE  responded that if  the instructions for  the written                                                               
part were  read [by someone  other than the student],  that would                                                               
be an accommodation  because writing is being tested.   He stated                                                               
that  an accommodation  doesn't provide  the answers  to what  is                                                               
being   tested,  and   a  modification   reduces  the   level  of                                                               
difficulty.                                                                                                                     
                                                                                                                                
Number 1827                                                                                                                     
                                                                                                                                
GREG   MALONEY,  Director,   Special  Education,   Department  of                                                               
Education  and  Early Development,  came  forth  and stated  that                                                               
eyeglasses would be an accommodation  because they allow a person                                                               
to compensate  for the disability without  significantly altering                                                               
the test.   He said  the two most frequently  cited modifications                                                               
are using  a calculator on the  math test and having  the reading                                                               
test read to  the person.  He explained that  the idea behind the                                                               
modification  is that  it changes  what's  being tested,  because                                                               
what's being tested is being provided.                                                                                          
                                                                                                                                
REPRESENTATIVE  JOULE remarked  that  without  allowing for  some                                                               
type   of  modification   or   alternative  assessment,   "we're"                                                               
basically saying,  "one shoe fits all."   We try to  get as close                                                               
to accommodating everybody as possible.   He stated that it seems                                                               
to him that if there is a  population of students that need to be                                                               
able  to take  an  exam  that is  different  from what  currently                                                               
exists,  then that  should be  denoted on  the transcript.   This                                                               
would  allow that  population of  students to  move forward.   He                                                               
shared that  he knows  of one person  who, throughout  his entire                                                               
elementary  career, put  100 percent  out  and got  a 60  percent                                                               
return;  however,  when  questions  were read  to  him  he  could                                                               
provide  the  answers.   Representative  Joule  also stated,  for                                                               
example,  that  some people  can  only  read  words that  are  on                                                               
colored paper.                                                                                                                  
                                                                                                                                
CHAIR BUNDE responded that he  thinks putting the modification on                                                               
the transcript is flagging and would  be illegal.  He stated that                                                               
much of what  he hears from parents is, "Don't  go where you seem                                                               
to be going  because that lowers the test to  the student.  Let's                                                               
instead bring the student up to the test."                                                                                      
                                                                                                                                
Number 2057                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON asked  if  giving a  dyslexic student  more                                                               
time to  complete the reading  portion would be  an accommodation                                                               
or a modification.                                                                                                              
                                                                                                                                
MR. MALONEY answered that it would be an accommodation.                                                                         
                                                                                                                                
REPRESENTATIVE  DYSON asked  if allowing  a student  who has  ADD                                                               
(Attention Deficit Disorder)  to take a break while he  or she is                                                               
taking a test would be an accommodation or a modification.                                                                      
                                                                                                                                
MR.   MALONEY   replied  that,   generally,   it   would  be   an                                                               
accommodation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE DYSON asked  for what kind of  disability it would                                                               
be appropriate for a student to use a calculator.                                                                               
                                                                                                                                
MR. MALONEY answered  that there is a  learning disability called                                                               
discalcula, which is an identified  processing deficit with how a                                                               
person  does math.    If  a student  is  identified  as having  a                                                               
disability  in terms  of doing  basic calculation,  then the  IEP                                                               
team could  determine that an  appropriate modification  would be                                                               
to use  a calculator.  He  added that if a  student is identified                                                               
as  having  a learning  disability  in  the  area of  reading  or                                                               
decoding, then  a modification  would be to  allow the  person to                                                               
listen to the test.                                                                                                             
                                                                                                                                
Number 2143                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON  remarked that  he is  amazed at  the person                                                               
who needs the  calculator.  He asked if that  person is unable to                                                               
write the numbers down in the proper sequence.                                                                                  
                                                                                                                                
MR.  MALONEY  replied that  it  would  be  more of  a  processing                                                               
deficit  in  the  cognitive  sense.   Once  the  person  has  the                                                               
information, he or  she is disabled in using  that information to                                                               
come up with an appropriate response.                                                                                           
                                                                                                                                
REPRESENTATIVE DYSON asked  if this student would  still know the                                                               
order and which signs to punch into the calculator.                                                                             
                                                                                                                                
MR.  MALONEY  responded  that  [this   debate]  is  talking  very                                                               
generally about  very individual  people.  He  said the  case for                                                               
one student  is not the case  for another student.   The problem,                                                               
he stated,  is that there  seems to be  a blanket approach  to an                                                               
individualized process.                                                                                                         
                                                                                                                                
REPRESENTATIVE  DYSON  stated  that  Chair Bunde  has  noted  his                                                               
concern   that  there   will  be   as   many  accommodations   or                                                               
modifications as there are IEP students.   He asked if that could                                                               
be  limited  down  to  the  number  of  diagnosable  disabilities                                                               
provided in DSM (Diagnostic and Statistical Manual) IV.                                                                         
                                                                                                                                
MR. MALONEY answered  that under the current federal  law and the                                                               
state law,  there are 14  disability categories that are  used in                                                               
identifying students as having a disability.                                                                                    
                                                                                                                                
REPRESENTATIVE DYSON remarked that he  assumes it would be unduly                                                               
rigid to say to the education  community that there could only be                                                               
14 different  kinds of  accommodations or  modifications, because                                                               
some kids will  have multiple diagnoses and  different degrees of                                                               
dysfunction with those.                                                                                                         
                                                                                                                                
Number 2232                                                                                                                     
                                                                                                                                
CHAIR BUNDE  remarked that his  concern lies  with modifications,                                                               
which actually change the test.                                                                                                 
                                                                                                                                
REPRESENTATIVE DYSON  stated that if  a child cannot read,  he or                                                               
she will never pass the reading portion of the test.                                                                            
                                                                                                                                
MR.  MALONEY  responded that  this  is  where the  individualized                                                               
decision-making comes in.   There are some  students who struggle                                                               
with decoding,  but that doesn't  mean they have  a comprehension                                                               
problem.  [If  that portion of the test was  read to the student]                                                               
that  would be  a  modification  because it  would  be testing  a                                                               
different skill such as oral comprehension.                                                                                     
                                                                                                                                
CHAIR BUNDE  stated that since  he understands  [the legislature]                                                               
is in the process of compromise, he will withdraw Amendment 4.                                                                  
                                                                                                                                
Number 2330                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WILSON  [in  reference to  the  previous  example                                                               
Representative Joule  brought up] asked  if it would  be possible                                                               
for a test to be copied onto blue paper.                                                                                        
                                                                                                                                
MR.  MALONEY  answered  yes.    He   said  there  is  a  list  of                                                               
appropriate   accommodations   in   the   [EED's]   participation                                                               
guidelines booklet.  However, he  stated, it is not an exhaustive                                                               
list.    As  technology  changes and  other  accommodations  come                                                               
aboard, he said, IEP teams  have a legitimate role of identifying                                                               
them and allowing students to have  those for the test as well as                                                               
for the instructional program.                                                                                                  
                                                                                                                                
TAPE 01-22, SIDE B                                                                                                              
Number 0020                                                                                                                     
                                                                                                                                
CHAIR  BUNDE stated  that to  some degree  accommodations may  be                                                               
unique,  allowing for  the potential  for an  infinite number  of                                                               
accommodations.                                                                                                                 
                                                                                                                                
MR. MALONEY  remarked that  there may be  some IEPs  with similar                                                               
accommodations  because  students  have  similar  profiles.    He                                                               
stated  that   he  does   not  think   there  will   be  infinite                                                               
[accommodations]  but that  there  will be  a  variety, which  he                                                               
thinks is a good thing  because that recognizes the individuality                                                               
of the students with disabilities.                                                                                              
                                                                                                                                
Number 0164                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUESS  made a motion  to adopt Amendment  7, which                                                               
read:                                                                                                                           
                                                                                                                                
     AS 14.03.120(d) is amended to read:                                                                                        
                                                                                                                                
     (5)   a  description   of   the  school's   attendance,                                                                    
     retention,  dropout,  and   graduation,  including  the                                                                  
     number  and  percentage  of  students  who  received  a                                                                  
     diploma under a waiver  from the competency examination                                                                  
     required  under AS  14.03.075(a), as  specified by  the                                                                  
     state board.                                                                                                               
                                                                                                                                
REPRESENTATIVE  GUESS  explained  that  this  would  include  the                                                               
waiver in  the school  report card.   She added  that she  is not                                                               
sure where this would be put in the bill.                                                                                       
                                                                                                                                
Number 0314                                                                                                                     
                                                                                                                                
CHAIR  BUNDE  said  the  House  Special  Committee  on  Education                                                               
members had suggested  that, in reference to Section  8, a number                                                               
of  teachers in  the district  and the  school would  be teaching                                                               
outside  the  area  of  endorsement.     He  stated  that  school                                                               
superintendents  he  has  spoken  with have  said  that  this  is                                                               
meaningless because the endorsement  is K through 6 (kindergarten                                                               
through  sixth  grade)  or  6 through  12  (sixth  grade  through                                                               
twelfth grade).   Therefore, they are all teaching  in their area                                                               
of endorsement.                                                                                                                 
                                                                                                                                
BRUCE JOHNSON,  Deputy Commissioner  of Education, Office  of the                                                               
Commissioner,  Department  of  Education and  Early  Development,                                                               
clarified that  he thinks the superintendents  were talking about                                                               
certification.   [Teachers]  are certified  "K-6" or  "6-12," but                                                               
there  are specific  endorsements  that would  suggest that  they                                                               
have unique  training in mathematics, language  arts, or English.                                                               
He stated  that he thinks this  is focused on trying  to identify                                                               
those teachers who have the endorsement.                                                                                        
                                                                                                                                
CHAIR BUNDE remarked to Representative  Guess that if she were to                                                               
number her  proposed section  [in Amendment 7]  as Section  9, he                                                               
believes it would fit.                                                                                                          
                                                                                                                                
REPRESENTATIVE GUESS responded that it  had been suggested to her                                                               
that it would be a new Section 5, page 4, line 30.                                                                              
                                                                                                                                
Number 0501                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON  stated that  this appears  to be  a report                                                               
back  to the  legislature about  the  attendance and  not on  the                                                               
actual report card.                                                                                                             
                                                                                                                                
REPRESENTATIVE  GUESS  explained that  this  would  be adding  to                                                               
current law  that the  number of  waivers would  also have  to be                                                               
reported  on the  report  card.   [This is  in  reference to  the                                                               
school report card and not the student report card.]                                                                            
                                                                                                                                
CHAIR BUNDE announced that there  being no objection, Amendment 7                                                               
was adopted.                                                                                                                    
                                                                                                                                
Number 0751                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUESS  made a motion  to adopt Amendment  8, which                                                               
read [original punctuation and capitalization provided]:                                                                        
                                                                                                                                
     Sec 4, line 7                                                                                                            
     January 15 of each year an annual report regarding the                                                                     
     progress of each school and school district towards                                                                      
                                                                                                                                
     Sec 4, line 9                                                                                                            
     Include the information from 14.03.120(d) and                                                                            
                                                                                                                              
     Sec 4, line 10                                                                                                           
     The number and percentage of pupils in each school who                                                                   
     pass the examination                                                                                                       
                                                                                                                                
     Sec 4, line 17 and 18                                                                                                    
     (3)  a description  of the  resources provided  to each                                                                  
     school  and school  district[s] for  coordinated school                                                                  
     improvement  activities  and  staff  training  in  each                                                                  
     school and school district;                                                                                              
                                                                                                                                
     Sec 4, line 24                                                                                                           
     School  for  students who  are  not  meeting the  state                                                                  
     performance [minimum competency] standards;                                                                              
                                                                                                                                
There being no objection, Amendment 8 was adopted.                                                                              
                                                                                                                                
Number 0795                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUESS  made a motion  to adopt Amendment  9, which                                                               
read [original punctuation and capitalization provided]:                                                                        
                                                                                                                                
     Sec 6, Line 10                                                                                                           
     Delete "and which were failed"                                                                                             
                                                                                                                                
CHAIR BUNDE objected.                                                                                                           
                                                                                                                                
REPRESENTATIVE  GUESS stated  that this  is a  difference between                                                               
the House and  the Senate [versions].   She  said she wasn't sure                                                               
whether or not in this interim  period the [portions of the test]                                                               
that  the  students passed  and  failed  would  be put  on  their                                                               
transcripts.                                                                                                                    
                                                                                                                                
CHAIR BUNDE announced that there  being no objection, Amendment 9                                                               
was adopted.   He stated that  it is not necessary  to accentuate                                                               
the negative.                                                                                                                   
                                                                                                                                
Number 0900                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUESS made  a motion to adopt  Amendment 10, which                                                               
read [original punctuation and capitalization provided]:                                                                        
                                                                                                                                
     Section 7 delete and replace                                                                                               
                                                                                                                                
     The board shall by regulation develop                                                                                      
                                                                                                                                
          (1) An appeals process for a pupil who is denied                                                                      
          a high school diploma.                                                                                                
                                                                                                                                
          (2) A process that allows issuance of a high                                                                          
          school diploma to a child with a disability                                                                           
          based on a portfolio of work.                                                                                         
                                                                                                                                
CHAIR BUNDE objected.                                                                                                           
                                                                                                                                
REPRESENTATIVE GUESS  stated that  the purpose of  this amendment                                                               
would put  in regulation,  instead of a  required report  back to                                                               
the  legislature, an  appeals  process and  the  portfolio.   She                                                               
stated that  she thinks  the State Board  of Education  should be                                                               
able to  start working on what  these are going to  mean in order                                                               
for schools to get ready for the 2004 [implementation] date.                                                                    
                                                                                                                                
Number 0968                                                                                                                     
                                                                                                                                
CHAIR  BUNDE   stated  this  may   be  an  opportunity   for  the                                                               
legislature, but  that they would  have to take an  overt action.                                                               
If  this [amendment]  passes, the  legislature does  not have  to                                                               
take any action.                                                                                                                
                                                                                                                                
REPRESENTATIVE GUESS stated that he  is correct.  The legislature                                                               
would have to  take action if [the legislature]  wanted to change                                                               
it.                                                                                                                             
                                                                                                                                
REPRESENTATIVE PORTER asked if Section 7 was previously amended.                                                                
                                                                                                                                
REPRESENTATIVE GUESS responded that it is still intact.                                                                         
                                                                                                                                
REPRESENTATIVE PORTER asked if paragraph  (1) on page 5, line 26,                                                               
had been amended.                                                                                                               
                                                                                                                                
REPRESENTATIVE  GUESS  answered  no,  but  the  committee  should                                                               
consider doing that.                                                                                                            
                                                                                                                                
Number 1057                                                                                                                     
                                                                                                                                
CHAIR BUNDE stated that this  amendment would remove Section 7 in                                                               
its  entirety and  replace  it with  the  amendment.   Therefore,                                                               
there is no reason to amend paragraph (1).                                                                                      
                                                                                                                                
REPRESENTATIVE GUESS answered that he was correct.                                                                              
                                                                                                                                
REPRESENTATIVE WILSON asked if the  waiver process [is mentioned]                                                               
anywhere else in the bill.                                                                                                      
                                                                                                                                
CHAIR BUNDE responded that Amendment 6 addresses the waiver.                                                                    
                                                                                                                                
Number 1185                                                                                                                     
                                                                                                                                
[A roll call  vote was taken; however, due to  confusion with the                                                               
amendment the roll was interrupted  and taken again after a brief                                                               
at-ease.]                                                                                                                       
                                                                                                                                
CHAIR BUNDE called  for an at-ease at 9:14 a.m.   The meeting was                                                               
called back to order at 9:15 a.m.                                                                                               
                                                                                                                                
REPRESENTATIVE  GUESS explained  that,  in paragraph  (1) of  her                                                               
amendment, the State Board of  Education would start creating the                                                               
regulations  to tell  school districts  what the  appeals process                                                               
and the  portfolios are  going to look  like.   The [legislature]                                                               
could then,  next year, choose  to override what the  State Board                                                               
of  Education did.    She  stated that  the  intention with  this                                                               
section  is that  when the  recommendations from  [the EED]  come                                                               
back  to  the  legislature  next year,  the  [legislature]  could                                                               
create  statutes  for  an  appeals  process  or  to  clarify  the                                                               
portfolio process.                                                                                                              
                                                                                                                                
CHAIR BUNDE  stated that  if [the committee]  does not  adopt the                                                               
amendment, they  will be having  this same discussion  next year.                                                               
If the  [committee] adopts the  amendment and the [EED]  brings a                                                               
waiver  and  a  portfolio  to the  legislature  [next  year,  the                                                               
legislature] could change it by law.                                                                                            
                                                                                                                                
REPRESENTATIVE WILSON  asked whether  [the legislature]  would do                                                               
something, either way, if they don't like the process.                                                                          
                                                                                                                                
CHAIR BUNDE explained  that it is easier to do  something if [the                                                               
committee] does not  adopt the amendment.   But the [legislature]                                                               
still has the option to make the change.                                                                                        
                                                                                                                                
Number 1383                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL suggested  investigating  how many  times                                                               
the regulations have been changed by legislative action.                                                                        
                                                                                                                                
REPRESENTATIVE GUESS  clarified that the portfolio  is already in                                                               
the statute in  this bill and will need  definition by regulation                                                               
whether or not this amendment goes through.                                                                                     
                                                                                                                                
REPRESENTATIVE  STEVENS  stated  that  he thinks  there  is  some                                                               
concern  to  move   ahead  with  the  portfolio   and  begin  the                                                               
definition  process.   He  said  there is  always  the option  of                                                               
changing  it, but  that he  would like  to see  the professionals                                                               
define the  portfolio and begin  the process because  there needs                                                               
to be time for the students to prepare the portfolio.                                                                           
                                                                                                                                
CHAIR BUNDE asked:   "Are you comfortable [that]  the state board                                                               
is going  to do a  good job with  this?   If the state  board had                                                               
been doing  a little better  job, we wouldn't be  addressing this                                                               
bill at all."                                                                                                                   
                                                                                                                                
Number 1502                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL  stated that  it  is  certainly a  policy                                                               
call.  He said:                                                                                                                 
                                                                                                                                
     What  we're  saying is,  "You  go  ahead and  make  the                                                                    
     policy, and  if we  don't agree  with them,  then we'll                                                                    
     chase it  as we can."   [Whereas] if we leave  the bill                                                                    
     as it  is, they bring  the policy  call to us  and say,                                                                    
     "This is what we think is  best."  Then we can make the                                                                    
     policy call based  on the recommendation.   But once it                                                                    
     is  already  in place,  then  it's  a very  adversarial                                                                    
     situation.                                                                                                                 
                                                                                                                                
REPRESENTATIVE WILSON asked if the bill  is left as it is whether                                                               
[the State Board  of Education] will go ahead but  will come back                                                               
to the [legislature] for approval.                                                                                              
                                                                                                                                
REPRESENTATIVE GUESS  responded that it  first has to  be decided                                                               
whether it is  to go into statute  or not.  She added  that it is                                                               
necessary to  be careful  with how much  is dictated  in statute;                                                               
however, she thinks it is a situation that has worked.                                                                          
                                                                                                                                
REPRESENTATIVE PORTER stated that the  policy created a couple of                                                               
years ago stated that there is  going to be competency testing to                                                               
establish what those standards are.   Those who don't pass, fail,                                                               
which is  what the  basic state  policy is.   He  said everything                                                               
that is being discussed is exceptions to that basic policy.                                                                     
                                                                                                                                
A roll call  vote was taken. Representatives  Guess, Stevens, and                                                               
Joule voted  in favor of  the amendment.   Representatives Bunde,                                                               
Porter, and Wilson  voted against it.   [Representative Green was                                                               
absent.]  Therefore, Amendment 10 failed by a 3-3 vote.                                                                         
                                                                                                                                
Number 1739                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GUESS remarked  that she  thinks [the  committee]                                                               
has had one  of the best discussions that has  taken place in the                                                               
building on this issue.  She  added that she still will "agree to                                                               
disagree" with Chair Bunde.  She said:                                                                                          
                                                                                                                                
     If a student  does everything we've ever  asked them to                                                                    
     do -  reaches every goal -  are we still going  to deny                                                                    
     that student  a diploma?   And this committee  has said                                                                    
     yes - that student hasn't  reached the standards. ... I                                                                    
     would still  argue that I don't  believe that providing                                                                    
     that small number of children  diplomas is really going                                                                    
     to wreck the train.   I think its the appropriate thing                                                                    
     to  do;   I  think it's  the  right thing  do.   And  I                                                                    
     appreciate  you entertaining  the discussion  because I                                                                    
     think it was a really good discussion.                                                                                     
                                                                                                                                
CHAIR BUNDE  responded that it  is not his intention,  for people                                                               
who have  challenges, to  make their life  more challenging.   It                                                               
is, however,  he said,  current policy  for the  school districts                                                               
throughout Alaska to have people who  are not on a diploma track.                                                               
He  stated  that  he  has   hopes  that  through  portfolios  and                                                               
certificate  of  achievements  [those   students]  may  get  some                                                               
recognition that  they don't get  now.   He stated that  he hears                                                               
often  from special-needs  parents  that  this encourages  school                                                               
districts  and  schools  to  be  more  creative  and  helpful  in                                                               
bringing students,  who typically  have been  passed over,  up to                                                               
the  standards.   He  added  that  he does  share  Representative                                                               
Guess's concern  on not wanting  to cause  any harm, but  he does                                                               
think,  on the  whole, that  the  bill helps  many students  work                                                               
toward their goals and doesn't put  many roadblocks in the way of                                                               
other students.                                                                                                                 
                                                                                                                                
Number 1880                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WILSON  commented  that she  still  is  concerned                                                               
about  another group  of  people,  besides the  special-education                                                               
students,  who are  in  the  middle.   She  expressed that  their                                                               
spirits may be trampled.  She  stated that she does not think the                                                               
exit exam, as a whole, is the right thing to do.                                                                                
                                                                                                                                
CHAIR  BUNDE responded  that he  shares her  concern.   He stated                                                               
that   the  choice   is  between   "damning"   people  with   low                                                               
expectations  and putting  insurmountable obstacles  in front  of                                                               
them.   He added  that he  thinks the status  quo has  damned far                                                               
more children in mediocre education through low expectations.                                                                   
                                                                                                                                
REPRESENTATIVE STEVENS stated  that if this test is  not going to                                                               
be counted  until 2004  there will  be two years  to look  at the                                                               
records  and  see  what  happens.    He  remarked  that  if  [the                                                               
legislature]   finds the process  untenable, changes can  be made                                                               
at that time.                                                                                                                   
                                                                                                                                
CHAIR BUNDE stated:                                                                                                             
                                                                                                                                
     We're in  an interesting position.   Certainly, some of                                                                    
     you here were  here when the initial  bill passed; some                                                                    
     of you  inherited it.  But  we all now have  the option                                                                    
     of   going  forward   with  current   law.     And   my                                                                    
     constituents - 70  percent of them -  would much rather                                                                    
     go forward with current law  than make this change.  [I                                                                    
     am] acknowledging that  I have to suggest  to them that                                                                    
     I  will make  this  compromise, even  though they  have                                                                    
     suggested that I not.                                                                                                      
                                                                                                                                
Number 2035                                                                                                                     
                                                                                                                                
REPRESENTATIVE  PORTER  made  a  motion to  move  HCS  CSSB  133,                                                               
version 22-LS0607\B, Ford, 3/30/01,  as amended, out of committee                                                               
with  individual recommendations  and  the  attached zero  fiscal                                                               
note.                                                                                                                           
                                                                                                                                
REPRESENTATIVE WILSON objected.                                                                                                 
                                                                                                                                
Number 2077                                                                                                                     
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Joule,  Guess,                                                               
Porter,   Stevens,   and   Bunde   voted  to   move   the   bill.                                                               
Representative   Wilson voted against it.   [Representative Green                                                               
was absent.]   Therefore, HCS  CSSB 133(EDU) moved from the House                                                               
Special Committee on Education by a vote of 5-1.                                                                                

Document Name Date/Time Subjects