Legislature(2003 - 2004)

03/09/2004 11:01 AM House EDU

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 405-SCHOOL PERFORMANCE DESIGNATION/REPORT                                                                                  
                                                                                                                                
Number 1453                                                                                                                     
                                                                                                                                
CHAIR GATTO  announced that the  next order of business  would be                                                               
HOUSE BILL  NO. 405, "An  Act relating  to reports on  school and                                                               
school district  performance; and  relating to  accountability of                                                               
public  schools  and  school  districts;  and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
REPRESENTATIVE  WILSON  moved  to adopt  CSHB  405,  23-LS1533\H,                                                               
Mischel,  3/8/04,  as  the  working document.    There  being  no                                                               
objection, Version  H was before  the House Special  Committee on                                                               
Education.                                                                                                                      
                                                                                                                                
Number 1337                                                                                                                     
                                                                                                                                
LES  MORSE, Director,  Assessment and  Accountability, Department                                                               
of Education  and Early Development,  testified in support  of HB
405  and  answered questions  from  the  members.   He  told  the                                                               
members  that   this  legislation   is  designed  to   bring  the                                                               
performance designations  in-line with  the No Child  Left Behind                                                               
Act.      Under   the   current   law   the   designations   are:                                                               
distinguished, successful,  deficient, and in crisis.   With this                                                               
legislation  those  designators would  be  removed  and would  be                                                               
replaced with language that directs  the department, working with                                                               
the state board of education,  to implement regulations to put in                                                               
place a designation  system that is consistent with  the No Child                                                               
Left Behind Act  (NCLB) [on page 3, lines 12  through 31 and page                                                               
4, lines 1 through 16].   The designations that would be used are                                                               
those that are required by adequately yearly progress, he added.                                                                
                                                                                                                                
MR. MORSE  noted that the  NCLB requires a  single accountability                                                               
system within  each state, and  the department believes  having a                                                               
single  system  with the  same  designations  would not  only  be                                                               
coherent, but would  make communication with the  schools and the                                                               
public  much easier.    He told  the members  that  the law  also                                                               
requires that  there be other  information added in terms  of the                                                               
designation system  which would  be based on  school performance,                                                               
such as student performance on  assessments.  Mr. Morse explained                                                               
that this would be addressed in state regulations.                                                                              
                                                                                                                                
Number 1196                                                                                                                     
                                                                                                                                
MR. MORSE  pointed to page  3, line  25, where there  is language                                                               
which  adds  district  improvement   plans.    Previous  to  this                                                               
legislation  there   were  school  improvement  plans,   but  not                                                               
district improvement plans, he said.   Mr. Morse told the members                                                               
that this change is also required by the NCLB Act.                                                                              
                                                                                                                                
MR.  MORSE told  members  that on  page  4, line  4,  there is  a                                                               
technical correction.  The words  "as amended" were added because                                                               
the  NCLB Act  is actually  an  amendment to  the Elementary  and                                                               
Secondary Education Act of 1965.                                                                                                
                                                                                                                                
MR.  MORSE  explained that  on  page  4,  lines  15 and  16,  the                                                               
following subsection was added:                                                                                                 
                                                                                                                                
         (3)  "statewide student assessment" means the                                                                          
        assessment system established under (c) of this                                                                         
     section.                                                                                                                   
                                                                                                                                
MR. MORSE told  the members that the reason for  this addition is                                                               
due to  the necessity to  define and clarify what  assessments in                                                               
state regulations will be used for making the designations.                                                                     
                                                                                                                                
BARBARA  THOMPSON,  Director,   Teaching  and  Learning  Support,                                                               
Department  of  Education  and Early  Development,  testified  in                                                               
support of HB  405 and answered questions from the  members.  She                                                               
pointed to page  4, line 17, which is commonly  called the "thick                                                               
report."   Ms.  Thompson explained  that  this is  a report  that                                                               
contains nine different components of  information that is due to                                                               
the legislature on February 15th  of each year.  The department's                                                               
reason for supporting the repeal of  this section is that much of                                                               
the data in  this report is already found on  line, is accessible                                                               
to  anyone,  and  is  often  updated  before  the  February  15th                                                               
deadline.   There  are other  parts  of the  report that  contain                                                               
self-reported data, as well as, data  that is verified by a third                                                               
party.   An  example  of  [third party  verified]  data might  be                                                               
student assessment data that gets  scored, verified, and returned                                                               
to the  state.  Ms. Thompson  told the members that  she believes                                                               
the  most important  data  that  comes from  this  report is  the                                                               
school  report cards  and district  report cards.   That  data is                                                               
getting more  detailed.  Any  data that  is in the  thick report,                                                               
will be  available upon request and  will be posted on  line, she                                                               
concluded.                                                                                                                      
                                                                                                                                
Number 0996                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON referred  to page 4, line 20  and 21, where                                                               
it says:                                                                                                                        
                                                                                                                                
      TRANSITION REGULATIONS.  The Board of Education and                                                                       
     Early Development may proceed to adopt regulations to                                                                      
     implement the changes made by this Act.                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  asked why the  word "may" is  used instead                                                               
of the word "shall".                                                                                                            
                                                                                                                                
MR. MORSE responded that the  regulations are already in place to                                                               
implement the system, so the terminology is not significant.                                                                    
                                                                                                                                
Number 0936                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GARA  commented  that currently  there  are  some                                                               
grades that  must be tested  statewide.   He noted that  the NCLB                                                               
Act   requires   that   testing   be  done   on   other   grades.                                                               
Representative  Gara  asked if  the  state  is doing  testing  in                                                               
grades other than those required under NCLB Act.                                                                                
                                                                                                                                
MR. MORSE  replied that at this  point the state is  testing only                                                               
those years required by NCLB  and those required by state statute                                                               
related to the high school qualifying  exam.  He added that there                                                               
is  also a  form of  an assessment  in state  statute called  the                                                               
"Kindergarten  Profile"  that is  required,  however,  it is  not                                                               
required by NCLB.                                                                                                               
                                                                                                                                
REPRESENTATIVE GARA asked  what grades are required  to be tested                                                               
under NCLB.                                                                                                                     
                                                                                                                                
MR. MORSE clarified  his previous statement by  saying that under                                                               
NCLB the  state is required  to test grades three  through eight,                                                               
and one grade level  between ten and twelve.  In  order to have a                                                               
consistent and  coherent system, the department  has developed an                                                               
accountability plan,  which was approved by  the state Department                                                               
of Education  and Early  Development.  The  decision was  made to                                                               
assess all  students in grades three  through ten, he said.   Mr.                                                               
Morse  explained that  while it  is  not required  to test  grade                                                               
nine, it was  decided to do that to have  a consistent system all                                                               
the way through the tenth grade.                                                                                                
                                                                                                                                
Number 0790                                                                                                                     
                                                                                                                                
CHAIR GATTO  commented that  in Matanuska-Susitna  Borough School                                                               
District the  benchmark exams are  grades three, six,  and eight;                                                               
the Terra Nova exams which are  grades four, five, and seven; but                                                               
not  grade  nine.    Then  in  tenth  grade  the  exist  exam  is                                                               
administered.   He  asked  if  this is  just  the  policy of  the                                                               
Matanuska-Susitna Borough School District or  is that a statewide                                                               
policy.                                                                                                                         
                                                                                                                                
MR. MORSE responded that the  testing policy is statewide.  There                                                               
will  be  some  adjustments  starting  in  the  spring  of  2005;                                                               
however,  testing will  still be  grades three  through ten.   He                                                               
commented that the tests will be different.                                                                                     
                                                                                                                                
CHAIR GATTO  asked how  parents could  compare how  his/her child                                                               
and school  is doing  relative to  the rest  of the  students and                                                               
schools in the state.                                                                                                           
                                                                                                                                
MR. MORSE  replied that there is  a state report card  on line in                                                               
which each school is listed.                                                                                                    
                                                                                                                                
CHAIR GATTO asked how many thick reports are produced.                                                                          
                                                                                                                                
MS. THOMPSON responded that there  are about ten copies made each                                                               
year.                                                                                                                           
                                                                                                                                
CHAIR GATTO told  Ms. Thompson that he was  approached by several                                                               
people who  asked that Section 4  of the bill be  deleted from HB
405 because the  thick report is valuable to them.   He explained                                                               
the  he is  planning on  proposing an  amendment later  to delete                                                               
that portion  of the bill.   Chair  Gatto asked Ms.  Thompson how                                                               
many man-hours  are required to  produce the ten copies  that are                                                               
required.                                                                                                                       
                                                                                                                                
MS. THOMPSON responded that it  takes about ten staff members two                                                               
weeks of  time.  In  some cases, the  thick report refers  to the                                                               
web site where the data is most accurate, she added.                                                                            
                                                                                                                                
CHAIR GATTO  commented that is  ten staff,  at 40 hours  per week                                                               
for two weeks, that's 80 hours [per staff member].                                                                              
                                                                                                                                
MS.  THOMPSON clarified  that it  would not  necessarily be  full                                                               
time work,  since staff  may be  working on  other things  at the                                                               
same time.                                                                                                                      
                                                                                                                                
Number 0540                                                                                                                     
                                                                                                                                
CHAIR GATTO surmised that it takes about 400 man-hours.                                                                         
                                                                                                                                
REPRESENTATIVE WILSON asked if gathering  the information for the                                                               
report impacts the school districts.                                                                                            
                                                                                                                                
MS. THOMPSON  responded that  it does  not impact  the districts.                                                               
The  districts are  asked to  provide some  information which  is                                                               
self-reported data and what is asked for is not burdensome.                                                                     
                                                                                                                                
REPRESENTATIVE WILSON asked  why not get rid of  the thick report                                                               
if all the data is accessible elsewhere.                                                                                        
                                                                                                                                
MS.  THOMPSON clarified  that much  of the  data is  available on                                                               
line.  Not every single one of  the nine elements is on line, but                                                               
it could  be put on  line.  She  added that  some of the  data is                                                               
self-reported and needs to be taken with a "grain of salt."                                                                     
                                                                                                                                
CHAIR GATTO  commented that there  is real value  in a book.   He                                                               
stated  that he  wants to  accommodate those  who want  the thick                                                               
report, and asked how many people request it.                                                                                   
                                                                                                                                
MS. THOMPSON replied  that two people ask for  it, Senators Bunde                                                               
and Wilken.                                                                                                                     
                                                                                                                                
CHAIR GATTO  commented that he wants  it too.  He  suggested that                                                               
it would  not be possible for  an individual to collect  all that                                                               
data without spending a great deal  of time.  Chair Gatto said he                                                               
believes it is better  to keep the thick report.   He asked if it                                                               
would save time to produce the thick report on a CD.                                                                            
                                                                                                                                
MS. THOMPSON responded that producing  the report on CD would not                                                               
require more time.  It can be produced in any format, she added.                                                                
                                                                                                                                
Number 0142                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON  asked if  the  school  districts use  the                                                               
report or  are the two  copies mentioned  the only ones  that are                                                               
distributed.                                                                                                                    
                                                                                                                                
MS. THOMPSON  replied that this report  does not get sent  out to                                                               
school districts.   A lot  of the data  in the report  comes from                                                               
school districts,  for instance, the  report card data  and other                                                               
personnel self-reporting  data.  She  said that she  believes the                                                               
districts are not even aware of  this report.  The districts have                                                               
their own  data and  if a  school or  district wanted  to compare                                                               
data  with other  districts  or schools  that  information is  on                                                               
line.    Ms.  Thompson  told  the members  that  this  report  is                                                               
delivered  to   the  legislature,  two  of   which  are  specific                                                               
requests.                                                                                                                       
                                                                                                                                
REPRESENTATIVE GARA  asked what  years the state  tested students                                                               
under state law before NCLB Act was passed.                                                                                     
                                                                                                                                
TAPE 04-15, SIDE A                                                                                                            
Number 0041                                                                                                                     
                                                                                                                                
MR.   MORSE  responded   that  state   standardized  tests   were                                                               
administered  in  grades three,  six,  and  eight, and  the  high                                                               
school  qualifying  exam  [in  tenth grade].    There  were  also                                                               
assessment  tests  given  in  two grade  levels,  but  now  these                                                               
assessments are given  in four grade levels.  Mr.  Morse told the                                                               
members  that  the  state  board   of  education,  through  state                                                               
regulation, determined the grades the  assessment tests are to be                                                               
given.                                                                                                                          
                                                                                                                                
REPRESENTATIVE GARA  asked for clarification  that prior  to NCLB                                                               
the state did not test every  year starting in grade three.  Even                                                               
though NCLB did not require annual  testing and the state did not                                                               
require annual  testing, the state's policy  now requires testing                                                               
every  year  between grades  three  through  ten for  consistency                                                               
purposes.  He asked Mr. Morse why it is required every year.                                                                    
                                                                                                                                
MR. MORSE  replied that previous  to NCLB the state  assessed one                                                               
grade  level  at the  high  school  outside  of the  high  school                                                               
graduate qualifying exam.   It was a norm reference  test and the                                                               
number of years  was designated by the state  board of education,                                                               
he said.  He added that at  one point that assessment was done at                                                               
the eleventh  grade and was later  moved to the ninth  grade as a                                                               
part of  creating the system  of NCLB.   Ninth grade is  one year                                                               
that the state is not required to  test, but it was decided to do                                                               
it to  provide some coherence  between the eighth grade  and when                                                               
the students have to take the high school qualifying exam.                                                                      
                                                                                                                                
REPRESENTATIVE GARA commented that  testing costs money and takes                                                               
teachers and students  time.  He said he would  like to know that                                                               
there is  a reason  to test  in ninth grade  other than  the fact                                                               
that it has  been done in every other year.   Representative Gara                                                               
commented that it is a policy  call; however, he believes if NCLB                                                               
does not  require testing in ninth  grade, then it should  not be                                                               
done.                                                                                                                           
                                                                                                                                
Number 0298                                                                                                                     
                                                                                                                                
MR.  MORSE  pointed  out  that  one  thing  to  consider  is  the                                                               
importance of  assessing how students  are doing prior  to taking                                                               
the high school qualifying exam.   He explained that the state is                                                               
doing some  redesign to  those assessments  which have  been norm                                                               
reference test years in the past.   The [new] assessment is being                                                               
done based on  the state standards which is what  the high school                                                               
qualifying  exam assesses.   The  ninth  grade assessment,  which                                                               
takes parts  of three days  of school  time, gives the  school an                                                               
understanding  of how  the students  are  performing against  the                                                               
state  standards and  hopefully  gives them  good information  to                                                               
help them prepare  students for the high  school qualifying exam.                                                               
Mr.  Morse  said he  believes  those  are important  reasons  for                                                               
testing at the ninth grade.                                                                                                     
                                                                                                                                
CHAIR GATTO commented it is quality  control issue.  It is a real                                                               
value which  encourages additional  preparation and  is revealing                                                               
to the individual.                                                                                                              
                                                                                                                                
REPRESENTATIVE GARA told the members  that there are studies from                                                               
other states  that say  as much  as seven  percent of  the school                                                               
budgets  are  being  absorbed  by  testing  requirements.    When                                                               
schools are finding  it difficult to fund teachers, then  it is a                                                               
good  question  to  ask  if  districts can  afford  the  cost  of                                                               
testing.     Representative  Gara   asked  if  the   high  school                                                               
qualifying exam starts in tenth grade.                                                                                          
                                                                                                                                
MR. MORSE responded  that is correct.  Students take  the exam in                                                               
the spring of the sophomore year, he said.                                                                                      
                                                                                                                                
REPRESENTATIVE  GARA commented  that  he would  be interested  in                                                               
hearing what the National Education  Association (NEA) and school                                                               
boards positions are on ninth grade testing.                                                                                    
                                                                                                                                
UNIDENTIFIED SPEAKER,  NEA, said it  does not have a  position on                                                               
ninth grade testing.                                                                                                            
                                                                                                                                
CHAIR  GATTO  commented  that  the  committee  will  not  get  an                                                               
official statement from the NEA on that question.                                                                               
                                                                                                                                
Number 0574                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON referred to page 4, line 7, which says:                                                                   
                                                                                                                                
     (A) multiple measures of student performance;                                                                              
                                                                                                                                
REPRESENTATIVE   SEATON   asked   for   clarification   of   that                                                               
subsection.                                                                                                                     
                                                                                                                                
MR. MORSE  explained that the  intent behind that language  is to                                                               
ensure that  there is not just  a multiple choice test,  but that                                                               
the test  would have a  way to  demonstrate in an  open-ended way                                                               
the students'  knowledge.   The tests are  constructed in  such a                                                               
way that there  is a mix of multiple choice  questions and then a                                                               
constructed response,  so when testing  writing the  student must                                                               
write a paragraph or essay, depending on the grade level.                                                                       
                                                                                                                                
Number 0690                                                                                                                     
                                                                                                                                
CHAIR GATTO moved to adopt Amendment 1, as follows:                                                                             
                                                                                                                                
     Page 4, Line 17                                                                                                            
     Delete "AS 14.03.078"                                                                                                      
                                                                                                                                
Number 0710                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  objected for  purposes of discussion.   He                                                               
commented  that if  this report  costs 400  man-hours at  $25 per                                                               
hour,  the  cost  is  about   $10,000  to  provide  this  report.                                                               
Representative Seaton  pointed out that legislators  could make a                                                               
data request from  the department and get the  specific data that                                                               
is desired.   He pointed out that the legislature  is looking for                                                               
ways  to economize,  make  data more  useful,  and generally  not                                                               
degrade  the legislature's  ability to  get information  from the                                                               
departments.                                                                                                                    
                                                                                                                                
Number 0808                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GARA commented  that Ms.  Thompson said  that the                                                               
thick report  is only requested by  two people.  He  asked if she                                                               
meant only two people request the thick report statewide.                                                                       
                                                                                                                                
Number 0829                                                                                                                     
                                                                                                                                
MS. THOMPSON replied  that there are only two people  that she is                                                               
aware of that specifically request  the report.  Those two people                                                               
are both in the legislature.                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  asked if anyone  outside of  the legislature                                                               
either asks for or receives the thick report.                                                                                   
                                                                                                                                
MS. THOMPSON said no.                                                                                                           
                                                                                                                                
REPRESENTATIVE GARA  asked if the  data that is compiled  for the                                                               
thick  report   is  gathered   for  other   purposes  or   is  it                                                               
specifically compiled for the report.                                                                                           
                                                                                                                                
MS.  THOMPSON  replied  that  there  are a  few  items  that  are                                                               
compiled  specifically for  the thick  report; however,  most are                                                               
on-going reports that are on line.                                                                                              
                                                                                                                                
REPRESENTATIVE  GARA asked  if he  understands correctly  that if                                                               
the thick  report requirement were deleted,  the department would                                                               
continue  to gather  the data  for other  purposes, but  not data                                                               
that is only required for the thick report.                                                                                     
                                                                                                                                
MS.  THOMPSON  replied  that  is  correct.    If  the  department                                                               
received a request  for the data [specifically used  in the thick                                                               
report] it would be put together, she said.                                                                                     
                                                                                                                                
REPRESENTATIVE GARA commented, "get rid of it."                                                                                 
                                                                                                                                
CHAIR  GATTO told  the members  that he  did not  expect that  it                                                               
would require 400 man-hours to produce the report.                                                                              
                                                                                                                                
MS. THOMPSON  stated that  the 400  man-hours is  an off-the-cuff                                                               
estimate.                                                                                                                       
                                                                                                                                
Number 0968                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON withdrew his objection to Amendment 1.                                                                    
                                                                                                                                
Number 0976                                                                                                                     
                                                                                                                                
CHAIR GATTO withdrew his motion to adopt Amendment 1.                                                                           
                                                                                                                                
Number 1016                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  moved to report  CSHB 405, Version  H, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB
405(EDU)  was  report  out  of the  House  Special  Committee  on                                                               
Education.                                                                                                                      
                                                                                                                                
The committee took an at-ease from 12:53 p.m. to 12:56 p.m.                                                                     
                                                                                                                                

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