Legislature(2003 - 2004)

05/07/2004 04:20 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
          HB 405-SCHOOL PERFORMANCE DESIGNATION/REPORT                                                                      
                                                                                                                              
The committee took up CSHB 405(HES).                                                                                            
                                                                                                                                
CHAIR  DYSON  noted  that  his staff  had  prepared  a  committee                                                               
substitute (CS).                                                                                                                
                                                                                                                                
MS.   KAREN  McCARTHY,   staff   to  Senator   Con  Bunde,   said                                                               
Representative Gatto  sponsored the bill.   Senator Bunde's major                                                               
issue  with  the  bill  is  to ensure  that  in  Section  5,  the                                                               
requirement  for  the  department  to provide  a  report  to  the                                                               
Legislature on the  progress of each school  toward high academic                                                               
performance continues.  That report is required by AS 14.03.078.                                                                
                                                                                                                                
CHAIR DYSON  moved to adopt  the proposed CS, version  U [labeled                                                               
3-LS1443\U, Mischel, 5/7/04].                                                                                                   
                                                                                                                                
CHAIR DYSON objected for purposes of discussion.                                                                                
                                                                                                                                
MR. CODY RICE,  Staff to Representative Carl  Gatto, responded to                                                               
a question from  Chair Dyson said this was the  first he has seen                                                               
of  the CS,  but  he  has worked  closely  with  Chair Dyson  and                                                               
Senator Guess's office.                                                                                                         
                                                                                                                                
CHAIR DYSON asked what the original bill did.                                                                                   
                                                                                                                                
MR.  RICE said  the  original bill  repealed  and re-enacted  the                                                               
school  designator statutes  to comply  with certain  mandates of                                                               
the No  Child Left Behind Act,  while at the same  time, creating                                                               
simplicity and  ensuring there were  not two  separate designator                                                               
systems that might be conflicting.                                                                                              
                                                                                                                                
CHAIR DYSON asked  if this brought the  state's designator system                                                               
into conformity with the federal system.                                                                                        
                                                                                                                                
MR. RICE said more or less.                                                                                                     
                                                                                                                                
SENATOR  GUESS explained  that the  first  version indicated  the                                                               
getting rid  of everything that was  done in SB 36  and replacing                                                               
it with No Child Left Behind (NCLB).                                                                                            
                                                                                                                                
MR.  WES   KELLER,  Staff  to   Senator  Dyson,  said   the  word                                                               
"designator"  does not  appear  in  NCLB at  all,  but there  are                                                               
designators given in the sense that  if a school is designated as                                                               
lacking  two years  of  adequate years  of  progress, it  becomes                                                               
eligible   for  certain   sanctions   and   concerns;  the   term                                                               
"designator" has been maintained.                                                                                               
                                                                                                                                
MR. KELLER  addressed the  changes that were  made in  version U.                                                               
He referred  to page  1, line  5, where a  new section  was added                                                               
that  requires the  department to  publish  a report  of all  the                                                               
district  revenue   received  on  the  district   website.    The                                                               
information  is currently  available in  the department  and this                                                               
asks that it be  placed on the website.  The  second change is on                                                               
page  2, line  29,  adding  the words,  "and  the  weight of  the                                                               
measures used  to assign a performance  designation," will ensure                                                               
that the  designator assigned by  the department under  Section 4                                                               
of the bill,  (indisc.) is reported to the  public with reference                                                               
to the measures  used to assign the designation.   Subsection (d)                                                               
of AS 14.03.120  is the requirement for each school  to report to                                                               
its community.   This  change is  in the  report card  the school                                                               
makes to its own community.                                                                                                     
                                                                                                                                
MR. KELLER continued  that the third change, on page  3, line 17,                                                               
was a  drafter error.   It probably  isn't necessary  because the                                                               
school  is working  with  the district,  the  department on  this                                                               
designator, so  the school has  probably already reported  to the                                                               
governing body  the designator and  the weight  of it.   He asked                                                               
that this be  taken out.  He  pointed to the next  change, page 3                                                               
line 25,  "in accordance with (f)  of this section."   A sentence                                                               
is deleted  here also,  as the  sentence in  version I  was, "The                                                               
performance  designation shall  be based  on student  achievement                                                               
measures that  include the results  of statewide  assessment from                                                               
the school year."  Basically  the way it was written, performance                                                               
designation is  required but  the meaning  of the  designation is                                                               
left up to the  state board.  This changes it,  and also ties the                                                               
designator to the state  accountability assessment standards, not                                                               
just the NCLB.                                                                                                                  
                                                                                                                                
MR. KELLER explained  that the next change is on  page 4, line 1,                                                               
the word "standards" is replaced  with "criteria."  "Criteria" is                                                               
a  better  word if  trying  to  understand what  the  designation                                                               
means.   On page  4, line 2,  a new subsection  was added.   High                                                               
achievement/low achievement designations  based on accountability                                                               
require that  the state accountability system  recognize both the                                                               
failures and  successes.   When students  are excited  about what                                                               
they're  doing,  you  want  to  recognize  that,  give  them  the                                                               
positives.                                                                                                                      
                                                                                                                                
MR.  KELLER  outlined  that  on  page  4,  line  5,  there  is  a                                                               
subsection requiring the school  improvement plan be deleted, the                                                               
reason being  there is a  new paragraph (d)  on page 4,  line 12,                                                               
speaking  specifically to  the school  improvement plan.   School                                                               
improvement plans  are a requirement  of NCLB.   The way  NCLB is                                                               
written,  there  is  just brief  mention  of  school  improvement                                                               
plans,  with  no  guidelines or  references  whatsoever,  whereas                                                               
paragraph (d) puts  in some basic guidelines.   He continued that                                                               
a new subsection was  added on page 4, line 19.   It requires the                                                               
department  to establish  a program  of  special recognition  for                                                               
schools with  high designators.   Again, you want to  recognize a                                                               
school  with  a high  degree  of  success;  there is  nothing  as                                                               
positive as a group of kids proud of their school.                                                                              
                                                                                                                                
MR. KELLER referred  to page 4, lines 27 through  page 5, line 1,                                                               
expanding the measures  for the state accountability  system.  In                                                               
version  I, the  designator was  based on  improvements that  the                                                               
student made  and multiple measures.   This CS proposes  not only                                                               
to use  the improvement  that's going on  in other  measures, but                                                               
also to reference it very  clearly to the state assessment system                                                               
that   includes  a   competency   test,   benchmark  tests,   and                                                               
specifically addresses reading, writing,  and arithmetic.  In the                                                               
first  part,  the weight  of  the  designators  are tied  to  the                                                               
measures that  are in  this subsection.   He said  another change                                                               
was  on  page  5,  after   line  7,  a  definition  of  statewide                                                               
assessment system;  it used to  be in  the old paragraph  (a) but                                                               
it's  been taken  out.   He  said  one more  change  was the  one                                                               
mentioned by [Ms. McCarthy] regarding the "thick report."                                                                       
                                                                                                                                
CHAIR DYSON  asked if there  was any objection to  these changes.                                                               
[There was none.]                                                                                                               
                                                                                                                                
CHAIR  DYSON said  he'd  like [Conceptual  Amendment  1] to  omit                                                               
lines 16,  17, and 18  on page 3  and re-number accordingly.   He                                                               
asked if there  was objection to that.  [There  was none.]  Chair                                                               
Dyson announced  that the CS  was amended  to move lines  16, 17,                                                               
and 18 on page 3 and to renumber accordingly.                                                                                   
                                                                                                                                
SENATOR GUESS  asked about  section 1.   She agreed  with Senator                                                               
Wilken that this is a great  addition.  She said she was confused                                                               
by  the  language,  "submitted  under (a)  of  this  section  and                                                               
include all  revenue received by  each school  district organized                                                               
in easily sortable categories including ADM and district."                                                                      
                                                                                                                                
SENATOR  WILKEN  said  he  thought  it  said,  "and  include  all                                                               
revenue" by  districts organized in categories  including ADM and                                                               
districts, so the categories are the [indisc.].                                                                                 
                                                                                                                                
SENATOR GUESS suggested, "modified in categories."                                                                              
                                                                                                                                
SENATOR WILKEN continued that ADM and district are categories.                                                                  
                                                                                                                                
SENATOR GUESS referred to page 4,  line 1, "criteria that will be                                                               
used  for assignment  of each  designation," and  to page  2, and                                                               
page 3,  and asked  what formula would  result in  a designation;                                                               
she  wondered  if  there  was a  reason  behind  the  conflicting                                                               
language.                                                                                                                       
                                                                                                                                
MR. KELLER  said "criteria" could  be used  in all places  and it                                                               
would be the same thing.                                                                                                        
                                                                                                                                
CHAIR  DYSON  asked  Senator  Guess  if  she'd  like  to  move  a                                                               
conceptual amendment to change "weight" to "criteria."                                                                          
                                                                                                                                
SENATOR GUESS moved conceptual Amendment  [2] so that there would                                                               
be consistent language  in the description of  the designator [in                                                               
Sections 2,3, and 4].                                                                                                           
                                                                                                                                
CHAIR DYSON  asked if there was  any objection.  Seeing  none, it                                                               
was adopted.                                                                                                                    
                                                                                                                                
SENATOR GUESS referred  to page 4, line 27.   Because the bill is                                                               
specific   about   the    reading,   writing,   and   mathematics                                                               
assessments, she wondered  if there would be  a problem complying                                                               
with NCLB, given that science is coming  up in '06 as part of the                                                               
accountability system.                                                                                                          
                                                                                                                                
MR. LES MORSE, Director of  Assessment and Accountability for the                                                               
Department of  Education and Early Development  (DEED), said this                                                               
shouldn't be a problem.  There  will be a science assessment, and                                                               
that assessment will  be for reporting purposes, but  not part of                                                               
the designation system,  according to what he's been  told by the                                                               
U.S. Department of  Education.  In terms of  reporting, the focus                                                               
of  Alaska's   statutes  has  been   on  reading,   writing,  and                                                               
mathematics, and  the desire  is to maintain  that and  work with                                                               
the federal  government to avoid  having the science  be anything                                                               
other than reporting requirements.                                                                                              
                                                                                                                                
CHAIR  DYSON  asked  if  the department  has  any  problems  with                                                               
anything that's been brought up.                                                                                                
                                                                                                                                
MR.  KEVIN   SWEENEY,  Special   Assistant  to   Commissioner  of                                                               
Education  and Early  Development, stated  that the  only section                                                               
the department wasn't  aware of ahead of time was  Section 1, and                                                               
he doesn't know if that will be a problem or not.                                                                               
                                                                                                                                
CHAIR  DYSON asked  that Mr.  Sweeney check  on this  to let  him                                                               
know, before the bill gets to the floor.                                                                                        
                                                                                                                                
MR. SWEENEY confirmed he would do that.                                                                                         
                                                                                                                                
CHAIR DYSON asked for the wish of the committee.                                                                                
                                                                                                                                
SENATOR BETTYE DAVIS moved to report SCS CSHB 405(HES) out of                                                                   
committee with individual recommendations and accompanying                                                                      
fiscal notes.                                                                                                                   
                                                                                                                                
CHAIR DYSON asked if there were any objections. There being                                                                     
none, it was so ordered.                                                                                                        
                                                                                                                                
The committee was recessed to the call of the Chair at 5 p.m.                                                                   

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