Legislature(2001 - 2002)
05/07/2001 09:07 AM House RLS
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 133-PUBLIC SCHOOL COMPETENCY EXAM/REPORTS CHAIR KOTT announced that the first order of business would be CS FOR SENATE BILL NO. 133(HES) am, "An Act relating to a two- year transition for implementation of the public high school competency examination and to establishing a secondary student competency examination as a high school graduation requirement; and providing for an effective date." Chair Kott informed the committee that it would be working from HCS CSSB 133(FIN) rather than the House Rules Standing Committee CS that is included in the bill packet. Number 0010 HANS NEIDIG, Staff to Senator Green, Alaska State Legislature, said that he was available to answer questions. In response to Chair Kott, Mr. Neidig noted that he had not seen the final copy of the amendment. Number 0023 REPRESENTATIVE CON BUNDE, Alaska State Legislature, encouraged the committee to address the two amendments that he has offered and included in the committee packet. Representative Bunde related his belief that the goal all along has been to be fair and consistent in an attempt to have high standards and encourage students to leave high school well prepared while not being unfair or unduly punitive to anyone with a disability or learning challenge. He turned to [Amendment 1, labeled 22- LS0607\X.4, Ford, 5/6/01,], which reads as follows: Page 3, line 18, following "section": Insert ", with or without accommodation," Page 3, line 24, following "section;": Insert "this paragraph does not apply to a student unless the department determines that the student has taken and failed to pass the competency examination with or without accommodations and the department approves the student's alternative assessment program described under this paragraph;" Page 6, line 7: Delete "and" Insert "[AND]" Page 6, line 9, following "AS 14.30.420": Insert "; and (8) the number and percentage of students in each school who take and who successfully complete an alternative assessment program in reading, English, or mathematics; and the number and percentage of pupils in each school who successfully complete the alternative assessment program but who do not reach the state performance standards at the competency exam level in reading, English, or mathematics; a school may not report results under this paragraph unless the school complies with the family educational rights and privacy requirements of 34 C.F.R. 99" REPRESENTATIVE BUNDE explained that [Amendment 1] allows children with an Individual Education Plan (IEP) to take the competency test with or without any accommodations that they might require. Then if the child's IEP team feels it is appropriate to have a modified or alternative test, the amendment says that the Department of Education would have the opportunity to review that modification and offer advice. The department is not allowed to veto that modification because that falls under the purview of the IEP team per the federal law. CHAIR KOTT asked if Representative Bunde had worked this out with Senator Green. He also asked if Senator Green is in agreement with [Amendment 1]. REPRESENTATIVE BUNDE said that he didn't want to speak for Senator Green. However, he knew that both he and Senator Green are concerned about special education students and those with learning disabilities. The language in the bill reflects the language that was offered in [House] Finance, which he believes reflects what the sponsor wanted. The only addition to that language is the department's ability to review the alternative assessment or modification. MR. NEIDIG informed the committee that Senator Green is "OK" with [Amendment 1]. Number 0098 REPRESENTATIVE PORTER moved that the committee adopt Amendment 1 [22-LS0607\X.4, Ford, 5/6/01]. There being no objection, Amendment 1 was adopted. CHAIR KOTT directed the committee's attention to Amendment 2 [22-LS0607\X.5, Cook/Ford, 5/7/01], which reads as follows: Page 4, lines 13 and 14: Delete all material. Reletter the following subsections accordingly. CHAIR KOTT surmised that Amendment 2 merely removes the endorsement. REPRESENTATIVE BUNDE agreed with Chair Kott's understanding of Amendment 2. He explained that his concern has been that [the endorsement] singles out special education students. Although the department didn't believe it was illegal, Representative Bunde indicated that it may be unethical. The endorsement divided special education children into two categories. Those special education students that receive a diploma with accommodations would receive endorsements in the areas they passed, while those special education students that used modifications wouldn't receive endorsements. Representative Bunde expressed concern that [endorsements] would stigmatize special education students. He said that [endorsements] didn't focus on the fair and consistent goal with testing. Number 0134 REPRESENTATIVE GUESS said that she believes Representative Bunde explained the issue very well. She added that it is a trade off in regard to motivation and whether the child is reminded of their disability through their transcript. MR. NEIDIG agreed that this is a policy issue and the Senate chose to use the endorsement language because it believes that the endorsement would be an incentive for those seeking waiver language or the IEP students to achieve the next highest level. Number 157 REPRESENTATIVE McGUIRE moved that the committee adopt Amendment 2. There being no objection, Amendment 2 was adopted. CHAIR KOTT noted that a title amendment will be required and will occur on the House floor. He closed public testimony. The committee took a brief at-ease. Number 0166 REPRESENTATIVE PORTER moved to report HCS CSSB 133(FIN) as amended out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HCS CSSB 133(RLS) was reported from the House Rules Standing Committee.
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