Legislature(2003 - 2004)

03/31/2004 01:38 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
         SSSB 248-HIGH SCHOOL COMPETENCY EXAMS/DIPLOMAS                                                                     
                                                                                                                                
CHAIR FRED DYSON announced SSSB 248 to be up for consideration.                                                                 
                                                                                                                                
SENATOR GRETCHEN  GUESS,  sponsor, stated  that SSSB 248  concerns                                                              
children with  disabilities, but it  doesn't compete with  SB 372.                                                              
They  could easily  work in  concert.  She explained  that SB  248                                                              
takes a  broad approach  and makes it  unnecessary to  ask whether                                                              
or not  a child  has a  disability because  not all students  with                                                              
disabilities  have been diagnosed  whether  they have been  tested                                                              
or not.                                                                                                                         
                                                                                                                                
The purpose  of  SB 248 is  to ensure  that the  high stakes  exit                                                              
exam  minimizes "false  negatives" and  clarifies the  legislative                                                              
intent  regarding   severe  cognitively   disabled  students.   It                                                              
proposes  using  the  portfolio  system,  which is  similar  to  a                                                              
system developed  in Indiana and provides an  alternate method for                                                              
students to demonstrate proficiency.                                                                                            
                                                                                                                                
With  this approach,  students are  required to  attempt the  high                                                              
stakes test  and retake it if  necessary. But once the  student is                                                              
a senior, they have  the option of retaking the parts  of the test                                                              
that  they failed  or developing  a  portfolio to  show that  they                                                              
have  mastered the  skills that  are on  the part(s)  of the  test                                                              
that they  failed. In the  portfolio the student  must demonstrate                                                              
or include the following:                                                                                                       
                                                                                                                                
    · That they have a 95 percent attendance record                                                                             
    · That they have a 2.0 GPA in all courses that are required                                                                 
      for graduation                                                                                                            
    · That the student has enough credits to graduate                                                                           
    · That the student has attempted and failed to pass the exam                                                                
    · That the student completed remedial class in the failed                                                                   
      area(s) if available                                                                                                      
    · Letter(s) from the student's teacher(s) in the failed                                                                     
      subject area(s) stating that the student knows the                                                                        
      material required by the exam                                                                                             
    · Documentation regarding the student's competency in the                                                                   
      failed area(s)                                                                                                            
                                                                                                                                
The student submits  the portfolio to the principal  and he or she                                                              
certifies that  the material is  valid and that the  student meets                                                              
the competency standards on the exam.                                                                                           
                                                                                                                                
SENATOR GUESS said  that the state of Indiana  simply monitors how                                                              
many  of the  portfolios are  given  to determine  whether or  not                                                              
there  are any  problems  with  the program  but  SB  248 has  two                                                              
additional   steps.    First,   the   portfolio    goes   to   the                                                              
superintendent who  repeats the  certification process and  then a                                                              
state board  panel reviews  the portfolio. This  final step  is to                                                              
address the  concern expressed  by Senator  Wilken about  district                                                              
level   decisions.   The   panel   would  be   composed   of   the                                                              
commissioner, a state  board member, and a governor  appointed at-                                                              
large  member.  They would  make  the  final determination  as  to                                                              
whether  the portfolio  demonstrates  that the  student knows  the                                                              
material that's on the exam that they failed.                                                                                   
                                                                                                                                
The portfolio  would be just  as high stakes  as the exam,  but it                                                              
would  provide an  alternate method  of demonstrating  competency.                                                              
"We're denying  diplomas so I think  it's important for  this body                                                              
to realize  the enormity  of this  task and  take it seriously  in                                                              
terms  of trying  to put  together a  statute and  a process  that                                                              
works for all students."                                                                                                        
                                                                                                                                
CHAIR  DYSON asked  how  a portfolio  would  enable  a student  to                                                              
demonstrate reading or math skills.                                                                                             
                                                                                                                                
SENATOR  GUESS replied  that she  would  look to  educators for  a                                                              
definitive  answer,  but the  exam  is  about  one way  of  giving                                                              
information  back  and  there are  multiple  methods.  Videotaping                                                              
might  be included  for  example.  In  Indiana, the  state  issues                                                              
guidelines and  then it's up  to the student  and their  family to                                                              
figure  out  a way  of  demonstrating  competency. If  the  school                                                              
elects to provide resources, that's a local decision.                                                                           
                                                                                                                                
CHAIR  DYSON   asked  whether   a  student   that  is   trying  to                                                              
demonstrate  reading  competency,  might  read  to  a  teacher  or                                                              
proctor in some stress free environment.                                                                                        
                                                                                                                                
SENATOR  GUESS replied  if  the  three experts  all  say that  the                                                              
contents of the  portfolio demonstrate the ability,  she would say                                                              
yes. However,  for ages  15 to 18  there is  no requirement  to be                                                              
able  to  read  out  loud. It  says,  "Analyze  and  evaluate  how                                                              
authors use  narrative elements and  tone in fiction  for specific                                                              
examples of purposes."                                                                                                          
                                                                                                                                
CHAIR  DYSON commented  that would  demonstrate comprehension  and                                                              
reading  and  discussion of  the  material  with a  proctor  could                                                              
demonstrate  that.  But with  regard  to  math,  he asked  how  an                                                              
alternative method would be demonstrated in a portfolio.                                                                        
                                                                                                                                
SENATOR GUESS  reiterated that  she would  certainly like  to hear                                                              
from an educator,  but her interpretation is that  class tests and                                                              
schoolwork  could  be evaluated.  She  pointed out  that  although                                                              
tests used  to be just  one way, we  now know that  students don't                                                              
give the  material  back using the  same method  so most  teachers                                                              
and  professors  provide multiple  ways  to  show mastery  of  the                                                              
material.                                                                                                                       
                                                                                                                                
SENATOR  GUESS  added  that  in addition  to  the  portfolio,  the                                                              
teacher has to sign  off saying they taught the student  and he or                                                              
she knows the standards.                                                                                                        
                                                                                                                                
CHAIR DYSON questioned whether both were required.                                                                              
                                                                                                                                
SENATOR GUESS replied  the student has to have  letter(s) from the                                                              
teacher(s)  and  they  have  to demonstrate  that  they  know  the                                                              
material.                                                                                                                       
                                                                                                                                
CHAIR DYSON asked Commissioner Sampson to comment on the bill.                                                                  
                                                                                                                                
ROGER  SAMPSON,  Commissioner of  the  Department  of Education  &                                                              
Early  Development, said  the  bill takes  the  broad approach  of                                                              
addressing  not only  children  with recognized  disabilities  but                                                              
also children with  disabilities that aren't identified  and other                                                              
special needs that don't fall under AS 94.142. He continued:                                                                    
                                                                                                                                
     It is  the broadest view that  we have seen so  far, but                                                                   
     with rationale  as to  why. It may  be difficult  to get                                                                   
     some  level  of  consistency,  it  may  not,  but  would                                                                   
     require   substantial   training   on  behalf   of   the                                                                   
     department   and  other  recognized   experts  to   both                                                                   
     teachers,  administrators and  parents  if parents  were                                                                   
     going   to  have   a  significant   responsibility   for                                                                   
     building  those portfolios.  And  if  we have  turnover,                                                                   
     which we frequently  do, that training would  have to be                                                                   
     ongoing, annually  at least. It's certainly  very strong                                                                   
     support  and  advocacy  for  children. It  just  may  be                                                                   
     difficult to get the consistency that we also desire.                                                                      
                                                                                                                                
SENATOR GREEN  noted that  when they  originally discussed  SB 133                                                              
this was one of  the discussion points. They tried  to address the                                                              
entire  picture of  the student's  readiness  to graduate  because                                                              
there  are other  benchmarks  for determining  that  there may  be                                                              
undiagnosed  special  needs and  the  portfolio  was one  of  many                                                              
methods that  were discussed. This  isn't a new idea,  but perhaps                                                              
it's a good idea to discuss this approach again.                                                                                
                                                                                                                                
SENATOR  GUESS   responded  to  Commissioner   Sampson's  comments                                                              
saying  that the best  example for  her is  Indiana. They  haven't                                                              
spent money on  substantial amounts of training  and there haven't                                                              
been  court  challenges  requiring   training.  Although  training                                                              
would be good, the  bill doesn't require it in a  legal sense, she                                                              
said.                                                                                                                           
                                                                                                                                
With  regard   to  consistency,   she  said   there  wouldn't   be                                                              
consistency  with the  portfolio  method because  every  portfolio                                                              
would look  different. Consistency would  be provided by  the fact                                                              
that they  must all  meet the  standards that  are on  the current                                                              
exam.                                                                                                                           
                                                                                                                                
CHAIR  DYSON asked  if it's correct  that SB  248 doesn't  address                                                              
the cognitively  disabled students  that aren't  able to  obtain a                                                              
diploma under state law.                                                                                                        
                                                                                                                                
SENATOR  GUESS  pointed to  page  4,  lines  17-23 and  said  that                                                              
waivers   are  provided   for  students   with  severe   cognitive                                                              
disabilities.  "If  a  student with  a  cognitive  disability  did                                                              
everything that their  district told them to do, they  would get a                                                              
diploma," she said.                                                                                                             
                                                                                                                                
CHAIR  DYSON  asked   for  an  explanation  of   the  transitional                                                              
provision.                                                                                                                      
                                                                                                                                
SENATOR  GUESS replied  the  transitional  language  was her  best                                                              
effort to  accommodate her colleagues  who don't want  to postpone                                                              
the exam this  year. Just as seniors  are able to retake  the exam                                                              
if it's  necessary, this  bill provides one  year for  this year's                                                              
seniors  to  develop   a  portfolio.  A  final   decision  on  the                                                              
portfolio  would be  made not  more than  six months  after it  is                                                              
submitted.                                                                                                                      
                                                                                                                                
CHAIR DYSON  asked Mr.  Morse when he  would have updated  numbers                                                              
on how many seniors haven't passed all portions of the test.                                                                    
                                                                                                                                
TAPE 04-17, SIDE A                                                                                                            
                                                                                                                                
LES MORSE,  director of  Teaching and  Learning Supports  with the                                                              
Department  of  Education  and  Early  Development,  replied  they                                                              
should have the  results by late April. With regard  to a previous                                                              
question,  [SB 372]  he said  it  would take  just a  few days  to                                                              
analyze the data  and determine how many of the  disabled students                                                              
who have not passed  the exam have actually attempted  one or more                                                              
parts.                                                                                                                          
                                                                                                                                
CHAIR  DYSON said  he  would appreciate  that.  He  then told  the                                                              
commissioner  he had  difficulty  believing the  DEED fiscal  note                                                              
and if  he wanted to  make any revisions  before the  next hearing                                                              
he would appreciate that.                                                                                                       
                                                                                                                                
He asked  committee members  to let him  know who they  would like                                                              
to  hear from  and  what additional  information  they would  like                                                              
when the bill is heard next.                                                                                                    
                                                                                                                                
SENATOR GUESS  said she'd like the  public to have  an opportunity                                                              
to testify.                                                                                                                     
                                                                                                                                
SENATOR GARY  WILKEN said he  would like a  day by day  account of                                                              
what happened in  March with regard to the exit exam  and the time                                                              
line and how things  are moving ahead with the  new contractor. He                                                              
was aware that  early in March a  group of 60 met in  Anchorage to                                                              
decide on  grade level  expectations. That  information was  given                                                              
to  the board  in Juneau  and  they will  pass  it on  to the  new                                                              
testing contractor to  come up with the new questions.  He said he                                                              
was  particularly  interested  in  the  process  to  evaluate  and                                                              
validate  the  results  of  the  meeting  in  Anchorage.  He  said                                                              
everyone should  be aware of the  timeline and the affect  that it                                                              
may or may not have on the quality of the test.                                                                                 
                                                                                                                                
COMMISSIONER SAMPSON said Mr. Morse would be the one to do that.                                                                
                                                                                                                                
CHAIR DYSON asked  Mr. Morse if he understood  what Senator Wilken                                                              
wanted.                                                                                                                         
                                                                                                                                
MR. MORSE said there has been a lot of activity in March.                                                                       
                                                                                                                                
SENATOR WILKEN said  he wanted the information in  writing, but he                                                              
could give a verbal summary.                                                                                                    
                                                                                                                                
MR.  MORSE  continued  to  say   that  in  early  March  about  60                                                              
educators  looked  at  grade level  expectations.  They  also  had                                                              
consultants  from  the  National  Center for  the  Improvement  of                                                              
Educational  Assessment   who  helped   guide  them   through  the                                                              
process.  He said  that Alaskans  primarily drove  this but  there                                                              
were  also three  content specialists  from  the testing  company.                                                              
Also, earlier  that week he  met with the  testing company  to lay                                                              
out timelines  for the  rest of  the fiscal  year for when  things                                                              
had to be done  in terms of the whole test  development. The grade                                                              
level  expectations that  were reviewed  by the  60 Alaskans  were                                                              
sent to  the State  Board of  Education on  March 16 for  approval                                                              
after   which   they  were   transmitted   to   Data   Recognition                                                              
Corporation. He and  a group of Alaskans that make  up a technical                                                              
advisory  committee  representing  several  districts  would  meet                                                              
with Data Recognition  Corporation in Anchorage over  the next two                                                              
days. On  Monday about  52 educators would  meet with  the company                                                              
to  begin  writing  items  for the  test  using  the  grade  level                                                              
expectations.                                                                                                                   
                                                                                                                                
CHAIR DYSON  reiterated Mr. Slotnick's  view that there is  a need                                                              
to bring clarity  to the existing law. It is likely  that there is                                                              
a  problem  with the  time  for  preparation and  the  Legislature                                                              
needs to  make a policy call  to give direction to  the department                                                              
on   alternative  ways   to  demonstrate   competency.  He   asked                                                              
Commissioner Sampson if he would like to add anything.                                                                          
                                                                                                                                
COMMISSIONER SAMPSON emphasized that clarity is needed on the                                                                   
interpretation of the statute as to how to deal with children                                                                   
with disabilities as it pertains to the exit exam.                                                                              
                                                                                                                                
CHAIR DYSON held SB 248 in committee and adjourned the meeting                                                                  
at 3:25 pm.                                                                                                                     

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