Legislature(2001 - 2002)

04/17/2002 08:00 AM House EDU

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 464-CORRESPONDENCE STUDY PROGRAMS                                                                                          
                                                                                                                                
CHAIR BUNDE  announced that the  last order of business  would be                                                               
HOUSE  BILL  NO.  464,  "An  Act  relating  to  statewide  school                                                               
district correspondence  study programs."  [Before  the committee                                                               
is CSHB 464(HES), Version 22-LS1494\S.]                                                                                         
                                                                                                                                
CHAIR BUNDE  moved that  the committee  adopt Amendment  1, which                                                               
reads as follows:                                                                                                               
                                                                                                                                
     Page 1, lines 9-12:                                                                                                        
          Delete all material and insert:                                                                                       
               "(1) shall specify that once the department                                                                      
     has  approved   an  initial   statewide  correspondence                                                                    
     program application, the district  will not be required                                                                    
     to submit a new application                                                                                                
               (A) more frequently than every five years if                                                                     
     the   program  is   designated   as  distinguished   or                                                                    
     successful under AS 14.03.123(a); or                                                                                       
               (B) more frequently than every ten years if                                                                      
     the   program  is   designated   as  distinguished   or                                                                    
     successful under  AS 14.03.123(a),  and the  program is                                                                    
     accredited by the Northwest  Association of schools and                                                                    
     Colleges."                                                                                                                 
                                                                                                                                
     Page 1, line 13, following "monitored":                                                                                    
          Delete "at periodic intervals as established by                                                                       
     the school district"                                                                                                       
          Insert "by a certified teacher; the monitoring                                                                        
     must  include  at   least  monthly  student-teacher  of                                                                    
     teacher-parent  contact, and  quarterly  review of  the                                                                    
     student's work  or progress in the  Individual Learning                                                                    
     Plan;"                                                                                                                     
                                                                                                                                
     Page 2, line 4, following "the":                                                                                           
          Delete "purchase"                                                                                                     
          Insert "review, selection."                                                                                           
                                                                                                                                
     Page 2, line 5, following "materials":                                                                                     
          Delete "purchased by the school district or                                                                           
     Alyeska Central School"                                                                                                    
          Insert "before they are introduced into the                                                                           
     correspondence curriculum"                                                                                                 
                                                                                                                                
     Page 2, line 8, following "work":                                                                                          
          Insert "by certified teachers"                                                                                        
                                                                                                                                
     Page 2, line 9,                                                                                                            
          Delete all material.                                                                                                  
                                                                                                                                
     Page 1, line 5, following "study":                                                                                         
          Delete "(a)"                                                                                                          
                                                                                                                                
     Page 2, line 9:                                                                                                            
          Insert a new bill section to read:                                                                                    
     "*Sec. 2. AS 14.07.050 is amended to read:                                                                               
          Sec. 14.07.050. Selection of textbooks. Textbooks                                                                   
     for use in the public  schools of the sate, including a                                                                  
     district   offered   statewide   correspondence   study                                                                  
     program,  shall  be  selected by  district  boards  for                                                                  
     district schools."                                                                                                         
                                                                                                                                
     Page 2, line 7:                                                                                                            
          Insert a new bill section to read:                                                                                    
     "*Sec. 3. AS 14.08.111(9) is amended to read:                                                                            
               (9) establish procedures for the review and                                                                      
     selection of all  textbooks and instructional materials                                                                    
     including  textbooks   and  curriculum   materials  for                                                                  
     statewide  correspondence  programs   before  they  are                                                                  
     introduced  into  the  school  curriculum;  the  review                                                                    
     includes a review for violations of AS 14.18.060;"                                                                         
                                                                                                                                
     Page 2, line 7:                                                                                                            
          Insert a new bill section to read:                                                                                    
     "*Sec. 4. AS 14.14.090(7) is amended to read:                                                                            
               (9) establish procedures for the review and                                                                      
     selection of all  textbooks and instructional materials                                                                    
     including  textbooks   and  curriculum   materials  for                                                                  
     statewide  correspondence  programs   before  they  are                                                                  
     introduced  into  the  school  curriculum;  the  review                                                                    
     includes a review for violations of AS 14.18.060;"                                                                         
                                                                                                                                
CHAIR  BUNDE explained  that Amendment  1  ensures that  students                                                               
attending correspondence  schools are held to  the same standards                                                               
as those  who attend  public schools.   The  original legislation                                                               
suggested that  there had to  be monthly  teacher-parent contact;                                                               
however, often the parent is the  teacher and thus there is daily                                                               
contact.   Chair Bunde explained  that Amendment 1  would provide                                                               
for a  quarterly review of  the student's  work or progress  by a                                                               
certified  teacher,  which  he   likened  to  the  parent-teacher                                                               
conferences in the public school system.                                                                                        
                                                                                                                                
REPRESENTATIVE  STEVENS requested  that  Chair  Bunde go  through                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
Number 0327                                                                                                                     
                                                                                                                                
ED  McLAIN, Ed.D.,  Deputy Commissioner  of Education,  Office of                                                               
the Commissioner, Department of  Education and Early Development,                                                               
explained that the first section  of Amendment 1 deletes language                                                               
relating to  program approval  once every  ten years,  unless the                                                               
correspondence  program is  deemed  deficient or  in crisis,  and                                                               
replaces it with  language that allows approval  every five years                                                               
for  programs that  are deemed  distinguished  or successful  and                                                               
once every  ten years if  the program  is also accredited.   This                                                               
language is present to encourage accreditation.                                                                                 
                                                                                                                                
CHAIR BUNDE  interjected that  this would  provide correspondence                                                               
schools   with  an   advantage  because   correspondence  schools                                                               
wouldn't  be subject  to review  every ten  years, if  the school                                                               
chose to [become accredited].   Public schools are reviewed every                                                               
year.                                                                                                                           
                                                                                                                                
DR. McLAIN  related his understanding  that under  the Elementary                                                               
and Secondary Education Act (ESEA)  these programs would still be                                                               
subjected to the criteria  determining whether the program/school                                                               
is  distinguished, satisfactory,  deficient,  or in  crisis.   If                                                               
programs are found to be in  the first two categories listed, the                                                               
program would  continue to the  next year whereas if  the program                                                               
was found  to be deficient or  in crisis, then the  program would                                                               
need to come back to the department to discuss its plans.                                                                       
                                                                                                                                
REPRESENTATIVE  WILSON related  her understanding  that currently                                                               
every school  has to be categorized  and if a school  is found to                                                               
be inadequate, the school would be reviewed.                                                                                    
                                                                                                                                
DR. McLAIN  pointed out that  the designator bill and  ESEA would                                                               
require all schools  in the state to be identified  in one of the                                                               
four categories.   The prior state statute and  ESEA dictate that                                                               
there be some  actions that the schools and  the department would                                                               
need to undertake depending upon ... [tape change].                                                                             
                                                                                                                                
TAPE 02-17, SIDE A                                                                                                              
                                                                                                                                
CHAIR BUNDE clarified  that ESEA is a federal  regulation and the                                                               
school designator will be part of the No Child Left Behind plan.                                                                
                                                                                                                                
REPRESENTATIVE WILSON surmised then that  all schools have [to be                                                               
categorized].                                                                                                                   
                                                                                                                                
DR. McLAIN  replied yes.   In further response  to Representative                                                               
Wilson, Dr.  McLain explained that currently  regulation requires                                                               
statewide   correspondence   programs   to   submit   an   annual                                                               
application,  which  is time  consuming.    The current  proposed                                                               
regulations  have changed  the annual  application to  every five                                                               
years  so  long  as  the   school  maintains  its  successful  or                                                               
distinguished   category.     Therefore,  this   amendment  would                                                               
parallel the increase in freedom in the proposed regulations.                                                                   
                                                                                                                                
CHAIR BUNDE  informed the committee  that not all  public schools                                                               
are  accredited,  and  therefore  the department  would  like  to                                                               
encourage more schools to become accredited.                                                                                    
                                                                                                                                
DR. McLAIN  agreed, and added  that currently the  state's larger                                                               
high schools are accredited while  many of the elementary schools                                                               
aren't.  From the current  information, two of the correspondence                                                               
schools have  candidacy status and the  others aren't accredited.                                                               
Accreditation is  extremely valuable  in terms of  having credits                                                               
and transcripts available and accepted  by other schools to which                                                               
the student wishes to transfer.                                                                                                 
                                                                                                                                
Number 0217                                                                                                                     
                                                                                                                                
REPRESENTATIVE   STEVENS  surmised   then  that   there  are   no                                                               
correspondence  schools that  are accredited  at this  time.   He                                                               
asked if the  bar is so high  that it would be  unlikely that the                                                               
correspondence schools would be accredited.                                                                                     
                                                                                                                                
DR.  McLAIN   explained  that  two  schools,   Galena's  Interior                                                               
Distance  Education of  Alaska  (IDEA)  and Personal  Alternative                                                               
Choices in Education (PACE), have  candidacy status, which is the                                                               
first step  in accreditation.   The other  correspondence schools                                                               
haven't   applied  or   have  let   their  accreditation   lapse.                                                               
Sometimes  the lapse  in accreditation  is  due to  the cost,  he                                                               
mentioned.                                                                                                                      
                                                                                                                                
Number 0338                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  inquired as  to  what  is so  great  about                                                               
accreditation,  especially   when  the  students   of  accredited                                                               
secondary schools have fallen below  expectations for passing the                                                               
exit exam.                                                                                                                      
                                                                                                                                
DR.  McLAIN  informed  the committee  that  when  the  department                                                               
reviewed the percentage of  students who demonstrated proficiency                                                               
with  the  High  School  Qualifying   Exam,  it  was  found  that                                                               
statewide,  accredited  or  not,   the  44  percent  of  students                                                               
demonstrating proficiency  in math was substantially  higher than                                                               
the  overall [percentage  of  proficiency] in  all  three of  the                                                               
larger correspondence programs.                                                                                                 
                                                                                                                                
REPRESENTATIVE  GREEN asked  again what  accreditation brings  to                                                               
the school.                                                                                                                     
                                                                                                                                
DR.  McLAIN  specified  that  accreditation  allows  a  student's                                                               
transcript  to be  accepted  by other  accredited  schools.   Dr.                                                               
McLain  acknowledged that  there is  paperwork [showing  that the                                                               
school   has  met   the  standards]   to   obtain  and   maintain                                                               
accreditation.    He  argued  that  accreditation  is  especially                                                               
important for innovative programs.                                                                                              
                                                                                                                                
Number 0725                                                                                                                     
                                                                                                                                
CHAIR BUNDE  returned attention to  Amendment 1 and  informed the                                                               
committee that  the section dealing  with page  1, line 13,  is a                                                               
change he  made to the  department's amendment.  This  portion of                                                               
Amendment  1  changes  the  monthly  student-teacher  contact  to                                                               
quarterly review.                                                                                                               
                                                                                                                                
DR. McLAIN  explained that the department's  original regulations                                                               
spoke to  monthly review  of work.   However, public  comments on                                                               
that matter were that it would  be onerous.  Dr. McLain said that                                                               
he wanted  to demonstrate  that the  correspondence program  is a                                                               
program because  there seems to  be a perception otherwise.   The                                                               
regular contact would seem to  help the aforementioned perception                                                               
and gain credibility.   Dr. McLain acknowledged  that Amendment 1                                                               
drops that  [monthly review  of the  student's work  or progress]                                                               
and  as  deputy  commissioner  he requested  that  the  committee                                                               
reconsider that because it wasn't  included lightly.  Without the                                                               
monthly  review,  the quarterly  review  wouldn't  be enough  and                                                               
leave  children to  fall  behind without  time  to make  mid-term                                                               
instructional corrections.                                                                                                      
                                                                                                                                
Number 1009                                                                                                                     
                                                                                                                                
REPRESENTATIVE  STEVENS  asked if  this  language  would lead  to                                                               
additional need for certificated  teachers to monitor monthly and                                                               
quarterly reports.                                                                                                              
                                                                                                                                
DR. McLAIN  specified that  this language  speaks to  what occurs                                                               
inside  the local  district; there's  no  language included  here                                                               
about the department monitoring.                                                                                                
                                                                                                                                
REPRESENTATIVE  STEVENS  clarified  that  he  was  interested  in                                                               
whether  this   legislation  would  require  more   teachers  for                                                               
oversight.                                                                                                                      
                                                                                                                                
DR.  McLAIN explained  that the  department  doesn't specify  the                                                               
minimum  pupil-teacher  ratio.   However,  in  general a  typical                                                               
brick-and-mortar school  has pupil-teacher ratios of  15-1 to 30-                                                               
1.   The pupil-teacher ratios in  these [correspondence] programs                                                               
are generally higher; it depends  upon the design of the program.                                                               
The  department is  simply  suggesting that  there  be a  monthly                                                               
minimum.                                                                                                                        
                                                                                                                                
CHAIR  BUNDE announced  that the  committee wouldn't  take action                                                               
today because it will soon lose  its quorum and thus will meet on                                                               
this  next  week.   Returning  to  the legislation,  Chair  Bunde                                                               
related  his understanding  that the  two largest  correspondence                                                               
schools,   Galena  and   Nenana,  haven't   found  the   proposed                                                               
regulations to be onerous.                                                                                                      
                                                                                                                                
Number 1333                                                                                                                     
                                                                                                                                
DR. McLAIN returned to Amendment  1 and the sections dealing with                                                               
page 2,  line 4, and  page 2, line  5.  These  amendments provide                                                               
that the  local school board  has the  duty and the  authority to                                                               
establish  procedures  through  review,  selection,  and  use  of                                                               
correspondence  materials  purchased   by  the  school  district.                                                               
Existing statutes, AS  14.07.050 and AS 14.08.111,  relate to the                                                               
selection of text  books and the district's  review of curriculum                                                               
respectively.   This amendment makes  HB 464 consistent  with the                                                               
aforementioned statutes.                                                                                                        
                                                                                                                                
CHAIR BUNDE explained that correspondence  school parents have an                                                               
account  from  which  the  price  of  the  materials  chosen  are                                                               
deducted.   The only  difference is that  in Galena  students are                                                               
shipped a  computer whereas  in Nenana  the parent  purchases the                                                               
computer and sends in the receipt to be reimbursed.                                                                             
                                                                                                                                
Number 1632                                                                                                                     
                                                                                                                                
REPRESENTATIVE JEANNETTE  JAMES, Alaska State  Legislature, spoke                                                               
as the  sponsor of  HB 464.   Representative James  remarked that                                                               
this legislation  has been a  struggle in the legislature  and in                                                               
the public arena.  She surmised  that this struggle is due to the                                                               
new phenomena of computers, which  has created a different system                                                               
of  education.   Furthermore,  there is  the  federal mandate  to                                                               
leave no child  behind.  If the state is  to follow that mandate,                                                               
then students  should have the  opportunity to do  whatever works                                                               
and the  state has a responsibility  to be sure that  every child                                                               
is learning.   Therefore, the question becomes where  the line is                                                               
drawn with  regard to  pupil-teacher ratios; that  is when  is it                                                               
appropriate  for a  certificated  teacher to  be  involved.   She                                                               
agreed that oversight and passage  of the benchmark exams and the                                                               
High  School  Qualifying  Exam  are  necessary.    Regarding  the                                                               
amendment,   Representative  James   turned   to   the  area   of                                                               
accreditation  and   said  that   were  she  convinced   of  what                                                               
accreditation does for  a school, she would want  every school in                                                               
the  state to  be accredited.   She  pointed out  that with  this                                                               
amendment  this  would  be  the   only  place  in  statute  where                                                               
accreditation is  mentioned.  She  said she would be  willing for                                                               
accreditation  to  be included  if  it  was available  for  other                                                               
schools as well.                                                                                                                
                                                                                                                                
CHAIR  BUNDE   said  that  if   the  accreditation   portion  was                                                               
eliminated,  it  would  eliminate   a  tool  from  correspondence                                                               
schools.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  JAMES pointed  out that  Amendment 1  inserts the                                                               
language  specifying  that  the  once  a  correspondence  program                                                               
application is  approved by the  department the program  won't be                                                               
required to submit  a new application more  frequently than every                                                               
ten  years  if the  program  is  designated as  distinguished  or                                                               
successful under  AS 14.03.123(a), and the  program is accredited                                                               
by  the  Northwest Association  of  Schools  and Colleges.    She                                                               
questioned how much more successful do "we" want them to be.                                                                    
                                                                                                                                
CHAIR  BUNDE  surmised  that Representative  James  would  rather                                                               
eliminate subparagraph  (A) from the new  material being inserted                                                               
on page 1, lines 9-12.                                                                                                          
                                                                                                                                
REPRESENTATIVE JAMES  said that  she wasn't that  hung up  on the                                                               
five  year  requirement,  but  believes   that  deleting  all  of                                                               
subparagraph (B) would be appropriate.                                                                                          
                                                                                                                                
CHAIR BUNDE inquired as to the wish of the committee.                                                                           
                                                                                                                                
Number 2310                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN pointed out  that accreditation is voluntary                                                               
and thus he didn't see a problem with including it.                                                                             
                                                                                                                                
CHAIR BUNDE noted that part of  the challenge has been that there                                                               
has  been   a  significant  level   of  discomfort   between  the                                                               
department and the correspondence people.   Chair Bunde said that                                                               
he didn't want to add to the level of distrust.                                                                                 
                                                                                                                                
REPRESENTATIVE JAMES said that she  didn't want to make the rules                                                               
for review any stricter than those for charter schools.                                                                         
                                                                                                                                
DR.  McLAIN  answered  that correspondence  schools  and  charter                                                               
schools  aren't  an  exact  apples to  apples  comparison.    For                                                               
instance,  charter  schools  are  required  to  have  a  specific                                                               
academic  council  review and  set  policy  and direction,  which                                                               
isn't   currently  required   of  the   correspondence  programs.                                                               
Furthermore,  charter schools,  not correspondence  programs, are                                                               
required to  obtain local  school board approval  as well  as the                                                               
approval  from the  state  board.   The  application renewal  for                                                               
charter  schools was  recently  changed to  every  ten years,  he                                                               
mentioned.                                                                                                                      
                                                                                                                                
CHAIR BUNDE announced that next  week discussion of the amendment                                                               
would continue.                                                                                                                 
                                                                                                                                
[HB 464 was held over.]                                                                                                         

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