Legislature(2009 - 2010)CAPITOL 106

04/07/2010 08:00 AM House EDUCATION


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08:06:28 AM Start
08:06:59 AM Presentation: Moore V. State
10:00:08 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Joint with Senate Education
+ Presentation on Moore Case TELECONFERENCED
Following Joint Hearing:
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
               HOUSE EDUCATION STANDING COMMITTEE                                                                             
              SENATE EDUCATION STANDING COMMITTEE                                                                             
                         April 7, 2010                                                                                          
                           8:06 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
HOUSE EDUCATION STANDING COMMITTEE                                                                                              
                                                                                                                                
 Representative Paul Seaton, Chair                                                                                              
 Representative Cathy Engstrom Munoz, Vice Chair                                                                                
 Representative Bryce Edgmon                                                                                                    
 Representative Wes Keller                                                                                                      
 Representative Peggy Wilson                                                                                                    
 Representative Robert L. "Bob" Buch                                                                                            
 Representative Berta Gardner                                                                                                   
                                                                                                                                
SENATE EDUCATION STANDING COMMITTEE                                                                                             
                                                                                                                                
 Senator Kevin Meyer, Co-Chair                                                                                                  
 Senator Joe Thomas, Co-Chair                                                                                                   
 Senator Bettye Davis, Vice Chair                                                                                               
 Senator Charlie Huggins                                                                                                        
 Senator Donald Olson                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
HOUSE EDUCATION STANDING COMMITTEE                                                                                              
                                                                                                                                
 All members present                                                                                                            
                                                                                                                                
SENATE EDUCATION STANDING COMMITTEE                                                                                             
                                                                                                                                
 Senator Gary Stevens                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION:  MOORE V. STATE                                                                                                   
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
NEIL SLOTNICK, Senior Assistant Attorney General                                                                                
Labor and State Affairs Section                                                                                                 
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Participated  in  the   Moore  v.  State                                                           
presentation.                                                                                                                   
                                                                                                                                
LES MORSE, Deputy Commissioner                                                                                                  
Department of Education and Early Development (EED)                                                                             
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Participated  in  the   Moore  v.  State                                                           
presentation.                                                                                                                   
                                                                                                                                
HOWARD TRICKEY, Attorney at Law                                                                                                 
Jermain Dunnagan & Owens, P.C.                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Participated  in  the   Moore  v.  State                                                           
presentation.                                                                                                                   
                                                                                                                                
CHERYL MANDALA, Attorney at Law                                                                                                 
Jermain Dunnagan & Owens, P.C.                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Participated  in  the   Moore  v.  State                                                           
presentation.                                                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:06:28 AM                                                                                                                    
                                                                                                                                
CO-CHAIR JOE  THOMAS called the  joint meeting of the  Senate and                                                             
House  Education  Standing  Committees  to  order  at  8:06  a.m.                                                               
Present at  the call to  order from the House  Education Standing                                                               
Committee  were  Representatives  Seaton, Munoz,  Gardner,  Buch,                                                               
Keller, and Peggy  Wilson.  Representative Edgmon  arrived as the                                                               
meeting was in  progress.  Present at the call  to order from the                                                               
Senate Education Standing Committee  were Senators Thomas, Meyer,                                                               
Huggins, and Davis.  Senator Olson  arrived as the meeting was in                                                               
progress.                                                                                                                       
                                                                                                                                
^Presentation:  Moore v. State                                                                                                
                 Presentation:  Moore v. State                                                                              
                                                                                                                              
8:06:59 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS announced  that the only order  of business would                                                               
be  a  presentation  on  Moore  v. State.    He  noted  that  the                                                             
legislators    would   hear    from   representatives    of   the                                                               
administration,  attorneys for  the  plaintiffs, and  legislative                                                               
counsel.   Senator  Thomas read  from the  superior court's  most                                                               
recent  decision  and  order  as  follows  [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     In evaluating the State's responses  at this time, this                                                                    
     Court returns once again to  the language of the Alaska                                                                    
     Constitution,  which  places   the  responsibility  "to                                                                    
     maintain  a  system  of  public  schools  open  to  all                                                                    
     children of the State" squarely upon the Legislature--                                                                     
         not upon the Department of Education and Early                                                                         
     Development and not upon local school districts.                                                                           
                                                                                                                                
SENATOR THOMAS  said the question  for today was what  this order                                                               
means  to the  legislature.   He reminded  committee members  and                                                               
witnesses the purpose  of the meeting was not to  retry the case;                                                               
moreover,  because   the  case  is  still   in  litigation,  some                                                               
testimony may be limited.                                                                                                       
                                                                                                                                
8:09:01 AM                                                                                                                    
                                                                                                                                
NEIL  SLOTNICK,  Senior  Assistant Attorney  General,  Labor  and                                                               
State  Affairs Section,  Department  of Law  (DOL), informed  the                                                               
committees he  was the  lead counsel defending  the state  in the                                                               
Moore  v. State  litigation.   As an  introduction, Mr.  Slotnick                                                             
stated that the case was filed  as a constitutional attack on the                                                               
adequacy  of  the  education  system  in  Alaska,  thus  the  DOL                                                               
considers both  the legislature and  the Department  of Education                                                               
and  Early  Development  (EED)  defendants  in  the  case.    The                                                               
original case was  filed in 2004, and the  plaintiffs argued that                                                               
the  education   system  was  inadequate,  particularly   due  to                                                               
funding.   In  fact, the  main point  at that  time was  that the                                                               
amount of  funding for education  was insufficient.   He referred                                                               
to the committee  packet handout titled "Excerpts  from the Moore                                                               
Decision, June 2007," and said  a consistent theme throughout the                                                               
court  from  this  litigation  is  that  the  responsibility  for                                                               
Alaska's  schools  rests  with the  legislature.    Mr.  Slotnick                                                               
acknowledged that there  are issues with education  in the state,                                                               
especially   in  rural   areas;  in   fact,  records   show  that                                                               
achievement by students in rural  areas is disappointing, but the                                                               
arguments made about  funding were rejected by the  judge and she                                                               
ruled that funding  for education was adequate.   He advised that                                                               
if all  of the school  districts were  healthy at that  time, the                                                               
case would have ended in 2007.   However, when the judge analyzed                                                               
the  data,  she  noted  that  at some  of  the  plaintiff  school                                                               
districts,  resources  had  not been  adequately  or  effectively                                                               
directed to  the classroom.   Further, the court found  that this                                                               
action  was ongoing,  and  the state  was  not taking  sufficient                                                               
corrective  measures.   The judge  saw evidence  that there  is a                                                               
strong adherence to  local control for schools in  the state, and                                                               
although  the state  had  begun  an intervention  at  one of  the                                                               
plaintiff  school  districts,  local   control  was  actually  an                                                               
impediment  to the  state's  oversight of  local  districts.   He                                                               
paraphrased  two  excerpts  from the  above  referenced  document                                                               
which read [original punctuation provided]:                                                                                     
                                                                                                                                
     If  a school,  despite adequate  funding is  failing to                                                                    
     accord  a   child  with  a   constitutionally  adequate                                                                    
     education  -  such as  failing  to  give that  child  a                                                                    
     meaningful  opportunity to  acquire proficiency  in the                                                                    
     State's own  performance standards  - then  the concept                                                                    
     of local  control must give  way because the  school is                                                                    
     not  being  maintained  as required  by  the  Education                                                                    
     Clause.                                                                                                                    
                                                                                                                                
     [T]he  State has  failed to  take meaningful  action to                                                                    
     maximize   the  likelihood   that  children   at  these                                                                    
     troubled schools  are accorded an  adequate opportunity                                                                    
     to acquire proficiency in the  State's standards when a                                                                    
     school has  demonstrated an unwillingness  or inability                                                                    
     to correct this situation on its own.                                                                                      
                                                                                                                                
8:15:01 AM                                                                                                                    
                                                                                                                                
MR.  SLOTNICK continued  to explain  that  the two  parts to  the                                                               
judge's decision were that the  state must provide more oversight                                                               
to the local districts, and  the state must provide assistance to                                                               
districts that  are unable to  improve standards of  education on                                                               
their own.   Since 2007, two later decisions  have indicated that                                                               
the  court is  not satisfied  with  the state's  response to  the                                                               
troubled  school  districts.    Mr. Slotnick  stated  that  Larry                                                               
LeDoux,  commissioner of  the EED,  has directed  his department,                                                               
the state,  and the DOL, to  provide the level of  assistance and                                                               
oversight that  is needed to  turn the troubled  school districts                                                               
around; in fact,  the EED is focused on  providing assistance and                                                               
oversight so  that the  local school districts  can respond.   He                                                               
also relayed  that the commissioner has  encouraged settlement of                                                               
the case in order to maintain  a strong state and school district                                                               
partnership to solve  the problems of education  in rural Alaska,                                                               
rather than continue an argument about who is at fault.                                                                         
                                                                                                                                
8:17:52 AM                                                                                                                    
                                                                                                                                
LES MORSE, Deputy Commissioner,  EED, informed the committees the                                                               
primary role for his position  of deputy commissioner has been to                                                               
build a system  of support for school  districts, particularly to                                                               
improve student achievement.  In  2008, SB 285 provided authority                                                               
for the department  to intervene in school districts  in order to                                                               
improve  instructional practices.   The  funding provided  by the                                                               
referenced legislation  pays for  three professionals  who, along                                                               
with  federally  funded  staff, work  directly  with  the  deputy                                                               
commissioner  and   local  school  districts.     At  this  time,                                                               
seventeen contractors,  primarily retired educators, work  in the                                                               
field  to  assist  the  department   in  moving  school  district                                                               
improvement  plans forward.   The  contractors work  on district-                                                               
wide  issues  such  as  school climate,  work  with  teachers  in                                                               
classrooms,  and   assist  school  boards  with   planning.    He                                                               
described  State  System  of  Support   (SSOS)  teams  of  highly                                                               
experienced  teachers   in  math,  reading,  art,   science,  and                                                               
technology, who  are regularly sent to  intervention districts to                                                               
assist the districts in  improving their instructional practices.                                                               
Mr. Morse said a detailed  documentation of this program is found                                                               
in the committee packet titled  "Moore v. State, Building a State                                                               
System of Support," by Les Morse.                                                                                               
                                                                                                                                
8:26:26 AM                                                                                                                    
                                                                                                                                
MR. MORSE continued to describe  the coordinated efforts by teams                                                               
of teachers and  indicated further actions being taken  by EED to                                                               
improve districts  through the  Alaska Statewide  Mentor Project.                                                               
There are  one principal  mentor and  three mentor  teachers that                                                               
coordinate with the  SSOS teams and he stressed  that the efforts                                                               
of  all   of  these  programs  are   cohesive,  coordinated,  and                                                               
connected  by regular  contact.   Mr. Morse  advised that  in one                                                               
intervention  district  early  childhood   learning  is  a  major                                                               
component; in  fact, the department's early  learning coordinator                                                               
and  the  director of  rural  education  will help  facilitate  a                                                               
community  meeting  on  ways to  coordinate  early  learning  and                                                               
prepare  kindergartners  for  school.   In  addition,  two  other                                                               
intervention  districts  have  been  provided  grants  for  early                                                               
learning.   He  turned to  the  subject of  statewide efforts  to                                                               
improve  the education  system and  noted  that the  department's                                                               
focus  this  year  is  on  reading to  ensure  that  the  reading                                                               
curriculum  in districts  is  aligned with  the  standards.   Mr.                                                               
Morse  acknowledged   that  districts  and  the   department  are                                                               
challenged  by  the  work  required,  especially  the  curriculum                                                               
alignment task.  Last year,  the department sponsored a statewide                                                               
leadership institute  for intervention districts and  others.  He                                                               
emphasized  the effect  of  continuing  coordination between  the                                                               
Alaska  Administrator  Coaching  Program,  the  Alaska  Statewide                                                               
Mentor  Project,  and  intervention districts,  although  testing                                                               
will indicate where greater action  is needed.  Local control may                                                               
need to give way if  the department's current efforts fall short,                                                               
and he  cautioned that  the order from  the court  may accelerate                                                               
the department's actions and incur additional cost.                                                                             
                                                                                                                                
8:28:16 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS asked whether the  department has itemized a list                                                               
of  issues to  be addressed  and resolved.   Furthermore,  noting                                                               
that the order said funding is  not always the solution, he asked                                                               
what the legislature may be able to do.                                                                                         
                                                                                                                                
MR.   MORSE  explained   that  each   district  has   a  district                                                               
improvement plan that guides the  actions of the department.  The                                                               
intervention district  in his previous  example must  ensure that                                                               
the  teachers  are  teaching the  adopted  curriculum,  that  the                                                               
curriculum  is  aligned,  and  that  the  principal  can  provide                                                               
appropriate  support to  teachers.    Furthermore, resources  are                                                               
dedicated to  the specific deficiencies  found, such  as literacy                                                               
skills that are needed to bring students to proficiency.                                                                        
                                                                                                                                
8:30:06 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  THOMAS  restated  his  question  about  action  by  the                                                               
legislature.                                                                                                                    
                                                                                                                                
8:30:17 AM                                                                                                                    
                                                                                                                                
MR. MORSE opined  legislative action may be  premature, but there                                                               
is   a  potential   need  for   additional   resources  to   fund                                                               
contractors, or  for help to  align the curricula.   Furthermore,                                                               
the  judge's  order  to accelerate  the  department's  compliance                                                               
could increase costs.  He declined to speculate on other needs.                                                                 
                                                                                                                                
8:31:04 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  THOMAS referred  to parental  involvement and  asked if                                                               
the department is working with families.                                                                                        
                                                                                                                                
MR. MORSE  said yes.   He  added that  parental involvement  is a                                                               
focus of the  new director of rural education and  said, "We have                                                               
accelerated our efforts around that this year."                                                                                 
                                                                                                                                
8:32:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  asked   for  further  information  on                                                               
individual remediation plans.                                                                                                   
                                                                                                                                
8:32:25 AM                                                                                                                    
                                                                                                                                
MR. MORSE explained  that all grade 11 and grade  12 students who                                                               
have not passed  the HSGQE have remediation  plans.  Furthermore,                                                               
the   department   audits   the  remediation   plans   filed   by                                                               
intervention  districts.   This  year, the  district audited  100                                                               
percent  of   the  remediation   plans  for   three  intervention                                                               
districts, and "spot checks" were  done in the other intervention                                                               
districts.   In  this manner,  the department  is complying  with                                                               
that  component   of  the   order.     In  further   response  to                                                               
Representative Wilson,  Mr. Morse  stated that  remediation plans                                                               
are reviewed  by department  staff and feedback  is given  to the                                                               
district.   Each  remediation plan  should be  for an  individual                                                               
student,  must address  the areas  of which  the student  has not                                                               
passed,  and   should  match  with   the  records  kept   by  the                                                               
department.                                                                                                                     
                                                                                                                                
8:34:44 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON referred  to the  department's current  request for                                                               
funding  for three  curriculum specialist  positions.   He  asked                                                               
whether there  have been positions  that the legislature  has not                                                               
funded.                                                                                                                         
                                                                                                                                
8:35:17 AM                                                                                                                    
                                                                                                                                
MR. MORSE confirmed that the  department asked for specialists in                                                               
math,  language arts,  and science,  to assist  in the  alignment                                                               
work.   Last year's funding request  was met.  He  was unsure how                                                               
the possible  settlement of  Moore v.  State will  affect funding                                                             
needs.   In  further response  to  Chair Seaton,  Mr. Morse  said                                                               
funding  requests from  the department  have been  funded in  the                                                               
governor's budget, except for the three new positions.                                                                          
                                                                                                                                
8:37:28 AM                                                                                                                    
                                                                                                                                
HOWARD TRICKEY, Attorney at Law,  Jermain Dunnagan & Owens, P.C.,                                                               
informed  the committee  he was  representing  the plaintiffs  in                                                               
Moore v. State.   Mr. Trickey said his intent  was to address how                                                             
the  legislature comes  into compliance  with the  constitutional                                                               
obligations set out  by the court.  He reminded  the committee of                                                               
their oath to  uphold the state constitution, and  of the judge's                                                               
order that  the legislature  is not in  compliance.   Mr. Trickey                                                               
said he  would briefly speak  to the  court order issued  in June                                                               
2007,  and pointed  out  that there  are  subsequent orders  that                                                               
supersede the  2007 order.   He called attention to  the document                                                               
in the  committee packet  titled, Moore  v. State,  "Core Rulings                                                             
June 2007  Order," submitted by  Jermain Dunnagan &  Owens, P.C.,                                                               
and said  the order construed  that the substance of  the state's                                                               
constitutional obligation is to have  a system of  education open                                                               
to all children  in the state.  This  constitutional clause rests                                                               
on four pillars:  adopt  standards to define what children should                                                               
be  expected to  learn;  establish methods  to assess  children's                                                               
progress in learning; provide adequate  funding to enable schools                                                               
to   meet   the    performance   standards;   maintain   adequate                                                               
accountability and oversight to  ensure that local schools comply                                                               
with the  standards set by  the state  and the constitution.   He                                                               
explained  that  on  the  third  point the  state  was  found  in                                                               
compliance on  a statewide basis,  but that  there may be  a need                                                               
for targeted  resources for  some schools.   The fourth  point is                                                               
where the  judge found the state  in violation in its  ability to                                                               
maintain accountability  and oversight;  however, the  court also                                                               
found  a  corresponding  constitutional   right  of  children  to                                                               
receive an  adequate education.   The  judge defined  an adequate                                                               
education as:   a meaningful opportunity to  become proficient in                                                               
math,  reading,  and science;  meaning  exposure  to all  of  the                                                               
remaining  content standards.   He  advised that  "the case  then                                                               
shifted ...  [the judge]  directed the state  to work  in concert                                                               
with local  districts in order  to develop ways to  address those                                                               
problems, and  that's what  has led to  the February  2009, order                                                               
and the ... most recent March order."                                                                                           
                                                                                                                                
8:42:38 AM                                                                                                                    
                                                                                                                                
MR. TRICKEY  continued to explain the  shift in the case  came in                                                               
2009, after  the court had  given the  state one year  to comply.                                                               
After  further   testimony,  the  court  found   that  the  state                                                               
underestimated the complexity of  the problems, had minimal plans                                                               
for intervention,  and had not  provided support  and assistance.                                                               
The  court focused  on  the classroom  and  recognized two  long-                                                               
standing  root causes  for failure  in many  rural schools:   (1)                                                               
children do not  arrive at school with  oral language development                                                               
or  emergent reading  or writing  skills; (2)  teaching capacity.                                                               
Mr.  Trickey  opined that  the  ruling  does  not mean  that  the                                                               
state's system  of education is unconstitutional,  nor that local                                                               
control is the problem.                                                                                                         
                                                                                                                                
8:45:24 AM                                                                                                                    
                                                                                                                                
MR. TRICKEY directed  attention to the document  in the committee                                                               
packet  titled "Draft  Blueprint  for Constitutional  Compliance:                                                               
Moore v. State" and read [original punctuation provided]:                                                                       
                                                                                                                                
            Components for Constitutional Compliance                                                                            
                                                                                                                                
     1)  Provision  of  Targeted  Educational  Resources  to                                                                    
     Schools/Districts ...                                                                                                      
                                                                                                                                
     Considerable evidence  has been presented to  the Court                                                                    
     on   specific,   targeted   resources   necessary   for                                                                    
     chronically  low performing  schools  and districts  to                                                                    
     meet the  unique needs of students  in those districts.                                                                    
     These   could   include   access   to   resources   for                                                                    
     specialized   professional   development,   specialized                                                                    
     curriculum  for  particular  high-needs  students  (for                                                                    
     example,   students  whose   first   language  is   not                                                                    
     English),  access  to   experienced  and  knowledgeable                                                                    
     teaching   mentors,   content   specialists,   language                                                                    
     development specialist, or social services.                                                                                
                                                                                                                                
MR.  TRICKEY  pointed out  that  the  judge identified  available                                                               
targeted  resources as  being necessary  because the  court found                                                               
that  the  state  had  "underestimated   the  complexity  of  the                                                               
challenge."   Regarding  the teaching  capacity issue,  the court                                                               
found problems in  teacher recruitment, professional development,                                                               
and  teacher  retention  in  rural  school  districts.    In  its                                                               
February   2009  order,   the   court   noted  the   department's                                                               
interventions  had failed  to "address  teaching capacity  due to                                                               
high  turnover,  teacher  inexperience,  and  unique  educational                                                               
challenges  in the  chronically  underperforming  schools."   The                                                               
court also put significant emphasis,  he related, on the value of                                                               
high quality pre-kindergarten  (pre-k) with parental involvement;                                                               
in fact,  the order criticized  the failure of the  department to                                                               
consider  and address  intensive  early  learning initiatives  as                                                               
part of its intervention in the underperforming districts.                                                                      
                                                                                                                                
8:48:41 AM                                                                                                                    
                                                                                                                                
MR.  TRICKEY cited  education research  that many  rural students                                                               
arrive  at school  two  or three  years  behind in  developmental                                                               
language  skills and  must catch-up  by grade  three in  order to                                                               
have a 50  percent chance to ever reach grade  level.  Therefore,                                                               
the order  directed an alignment of  curriculum with professional                                                               
development  and   with  identified   research-based  instruction                                                               
strategies.    He stated  that  the  judge found  the  department                                                               
needed to  conduct its own  audit about  its course of  action to                                                               
support education  and build  the capacity  of local  schools and                                                               
districts.                                                                                                                      
                                                                                                                                
8:50:46 AM                                                                                                                    
                                                                                                                                
MR. TRICKEY  stressed that this  case is not about  whether local                                                               
districts do not  have the ability or willingness  to perform, or                                                               
whether  the  department  has  the   ability  or  willingness  to                                                               
perform, but  is about successfully closing  the achievement gap.                                                               
He  suggested that  the citations  from the  order chosen  by Mr.                                                               
Slotnick  do  not  fully  address   the  case,  but  support  the                                                               
department's  reluctance to  request  appropriate resources  from                                                               
the  legislature,   and  that  the   department  has   become  "a                                                               
monitoring  and a  compliance agency  with  a bit  of a  punitive                                                               
aspect  to  it: it's  all  stick  and  no  carrot."   Mr.  Tricky                                                               
observed  that a  settlement in  the case  will require  that the                                                               
legislature and  the administration embrace the  court's decision                                                               
and work with the plaintiffs.   For the best interest of children                                                               
in classrooms, additional support and  assistance is needed.  The                                                               
judge  has  focused  the  case,  not on  throwing  money  at  the                                                               
problem,  but on  providing  educational  resources and  services                                                               
where they can have a direct  impact.  Mr. Trickey concluded that                                                               
the importance  of pre-k  instruction in  efforts to  prevent the                                                               
failure of students in school cannot be overstated.                                                                             
                                                                                                                                
8:54:27 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS asked whether the  business of the legislature is                                                               
to examine the equality of rural  and urban curricula, as well as                                                               
teacher screening and hiring practices.                                                                                         
                                                                                                                                
8:55:48 AM                                                                                                                    
                                                                                                                                
MR. TRICKEY advised  that teacher training and  preparedness is a                                                               
significant  aspect to  the  root cause  of  teacher failure  and                                                               
capacity.  He agreed that the  University of Alaska (UA) can play                                                               
a  large  long-term role  in  improving  teacher preparation  and                                                               
quality.    However,  studies  show  that  teacher  retention  is                                                               
affected  by four  aspects:   satisfaction and  mastery of  their                                                               
position; professional development; a  feeling of support; salary                                                               
and benefits.                                                                                                                   
                                                                                                                                
8:58:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  observed that  some rural districts  have a                                                               
strong Native  language culture, but assessments  in kindergarten                                                               
and grade  one are based on  English speaking models.   She asked                                                               
whether alternative assessments,  reflecting first languages, are                                                               
under consideration by the department.                                                                                          
                                                                                                                                
8:59:38 AM                                                                                                                    
                                                                                                                                
MR. TRICKEY  referenced testimony  by Dr.  Linda Darling-Hammond,                                                               
Stanford University, that in pre-k  Native languages and emergent                                                               
English oral  and reading skills  are not mutually  exclusive; in                                                               
fact, educational research supports  that the development of both                                                               
can take place.                                                                                                                 
                                                                                                                                
9:01:14 AM                                                                                                                    
                                                                                                                                
[Co-Chair Thomas handed the gavel to Chair Seaton]                                                                              
                                                                                                                                
The committees took an at-ease from 9:01 a.m. to 9:06 a.m.                                                                      
                                                                                                                                
9:06:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  asked whether it is  incumbent upon the                                                               
legislature to require additions to  the teacher curriculum at UA                                                               
that  include  training  specific to  teaching  children  without                                                               
emergent language skills.                                                                                                       
                                                                                                                                
9:07:26 AM                                                                                                                    
                                                                                                                                
MR.  TRICKEY  stated that  further  testimony  from Dr.  Darling-                                                               
Hammond  indicated that  a teacher  with the  highest credentials                                                               
would  have  a  difficult  time  succeeding  in  a  rural  school                                                               
setting, because 70 percent of  the students are English language                                                               
learners.  He was unsure whether  this problem would be solved by                                                               
one or  two classes.  Furthermore,  there is a wide  variation in                                                               
teacher preparation  throughout the  nation, and only  30 percent                                                               
of the teachers  in Alaska are trained in Alaska.   The UA system                                                               
could play a major role  in instructional strategies for training                                                               
teachers,  along  with  state teacher  certification.    However,                                                               
school districts  are hiring  teachers to  teach, and  should not                                                               
carry the burden of training the teachers.                                                                                      
                                                                                                                                
9:11:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON asked whether the  department should be                                                               
strengthened.                                                                                                                   
                                                                                                                                
MR.  TRICKEY said  yes.   Again, expert  testimony indicated  the                                                               
need for  a larger  department in order  to support  the teaching                                                               
capacity  of  local school  districts.    He suggested  that  the                                                               
legislature  should conduct  an independent  audit and  review of                                                               
the department to determine its strengths and weaknesses.                                                                       
                                                                                                                                
9:13:19 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  recalled the  legislature was  asked to  fund three                                                               
curriculum specialists.   He  asked whether  this is  an adequate                                                               
response, or if further action is needed.                                                                                       
                                                                                                                                
MR.  TRICKEY opined  three positions  are not  enough to  provide                                                               
effective  teacher mentoring  and  modeling  in the  intervention                                                               
districts.     In  fact,  the   current  mentoring   schedule  is                                                               
insufficient in scope and intensity.                                                                                            
                                                                                                                                
9:16:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BUCH asked  for Mr.  Trickey's opinion  about the                                                               
direction the department has taken during the past year.                                                                        
                                                                                                                                
MR. TRICKEY said  the plaintiffs report a change  in the attitude                                                               
of the department  away from punitive and  retaliatory and toward                                                               
a focus  on monitoring  and compliance.   He advised  that veiled                                                               
threats  are counterproductive  and  do not  lead  to a  trusting                                                               
relationship;  furthermore, there  is no  research that  supports                                                               
take-over  measures as  an effective  means of  improving student                                                               
achievement.   This recent  shift in  attitude may  recognize the                                                               
court's shift  in focus to the  classroom.  However, in  terms of                                                               
action,  such as  technical support,  educational resources,  the                                                               
introduction  of pre-K  programs, and  teaching capacity  issues,                                                               
there remains  a lack of  response.  Mr. Trickey  emphasized that                                                               
the   evidence  of   the   case  proves   that   the  state   has                                                               
underestimated the complexity of  the problem, designed "one size                                                               
fits  all" interventions,  and provided  directives and  mandates                                                               
versus effective and targeted resources.                                                                                        
                                                                                                                                
9:20:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH asked for the plaintiff's expectations.                                                                     
                                                                                                                                
MR.  TRICKEY  referred to  a  document  in the  committee  packed                                                               
titled "Draft Blueprint for Constitutional  Compliance:  Moore v.                                                               
State," prepared  by Jermain  Dunnagan & Owens,  P.C.   He stated                                                               
that this nine  page document has a full response  for short- and                                                               
long-term  specific  goals,  and  contains  "what  we  think  are                                                               
reasonable  expectations."   However,  he  added that  reasonable                                                               
expectations must also comply with  the constitution, because the                                                               
court noted  "it doesn't matter  what community you live  in [in]                                                               
this  state,   if  you're  a  child   you  have  a  right   to  a                                                               
constitutionally adequate education."                                                                                           
                                                                                                                                
9:22:29 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  asked  whether  Mr. Trickey  was  aware  that  the                                                               
legislature  has required  UA to  analyze  its teacher  education                                                               
program and  look at  its adequacy  for training  teachers across                                                               
the state.                                                                                                                      
                                                                                                                                
MR. TRICKEY said yes; however, he  was unsure of the outcome from                                                               
that consultation between  the legislature and UA.   He has heard                                                               
there is  a disconnect between  the academic departments  such as                                                               
the school of education, and practitioners in the field.                                                                        
                                                                                                                                
9:23:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER referred to  the court's recommendation for                                                               
exit interviews  of teachers leaving  their positions.   He asked                                                               
whether  the findings  of the  court approach  micromanagement of                                                               
the department and  local districts.  There is  a natural tension                                                               
between  local control  and  administration regarding  oversight.                                                               
From his perspective, the specificity  of the court's findings is                                                               
"a little offensive."                                                                                                           
                                                                                                                                
9:24:57 AM                                                                                                                    
                                                                                                                                
MR. TRICKEY  affirmed that  it is the  court's role  to interpret                                                               
the constitution and  inform other branches of  government.  This                                                               
case is unique in  that it is the first time  the court has given                                                               
substantive content to  the meaning of the  state's obligation to                                                               
establish  and maintain  a school  system open  to all  children.                                                               
Mr. Trickey reminded the committee  that federal troops have been                                                               
sent into states in order to  enforce U. S. Supreme Court rulings                                                               
about every  child's right to  education.  He expressed  his hope                                                               
that the  legislature will  respect the court,  as the  court has                                                               
been  respectful  of the  legislature  and  the department.    He                                                               
pointed out that the judge has  heard many hours of testimony and                                                               
has read thousands of documents; in  fact, her grasp of the depth                                                               
and  detail of  the case  is beyond  the legislature's  capacity.                                                               
The proposed blueprint submitted by  the plaintiffs is a road map                                                               
to constitutional  compliance and he  said, "I'm not  offended at                                                               
all by what the court has ordered."                                                                                             
                                                                                                                                
9:28:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER   expressed  his  appreciation   that  the                                                               
plaintiffs and the department will be working together.                                                                         
                                                                                                                                
9:28:59 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON referred to the  focus of Mr. Trickey's testimony on                                                               
preparing  children for  school.   He observed  that "observation                                                               
and  hands-on" learning  styles may  be cultural.   If  voluntary                                                               
pre-k  is not  being utilized,  he asked  whether the  plaintiffs                                                               
recommend  that the  legislature  mandate pre-k  in the  affected                                                               
districts.                                                                                                                      
                                                                                                                                
MR.  TRICKEY  disagreed  with  the   implication  that  pre-K  is                                                               
available in the affected districts.   He surmised that pre-K, if                                                               
offered, will be utilized; however,  the program must be academic                                                               
with an  element of parental involvement  and parental education.                                                               
This type  of program  would result  in high  participation rates                                                               
and  does   not  need  to   conflict  with  a   child's  cultural                                                               
environment at home.                                                                                                            
                                                                                                                                
9:31:52 AM                                                                                                                    
                                                                                                                                
CHERYL MANDALA, Attorney at Law,  Jermain Dunnagan & Owens, P.C.,                                                               
informed  the committee  that research  shows unambiguously  that                                                               
for  low-income  kids,  and  those  who come  to  school  with  a                                                               
deficient  English background,  high quality  academic pre-k  has                                                               
enormous potential and enables them to succeed in school.                                                                       
                                                                                                                                
CHAIR SEATON cited the Hoonah  Parents as Teachers program, which                                                               
has  been  very  successful,  but  does  not  enjoy  100  percent                                                               
participation.   He asked, from the  plaintiff's perspective, for                                                               
the percentage of participation in  a pre-K program that would be                                                               
acceptable.                                                                                                                     
                                                                                                                                
9:33:58 AM                                                                                                                    
                                                                                                                                
MR. TRICKEY  opined without  the availability  of a  high quality                                                               
pre-k it would  be difficult to anticipate  what percentage might                                                               
not participate.   However, if  low participation was  a problem,                                                               
there  could  be  a  means to  incentivize  or  mandate  services                                                               
through  legislation.    A   parental  involvement  and  parental                                                               
education  component has  been found  to raise  the participation                                                               
rate of pre-k.                                                                                                                  
                                                                                                                                
9:35:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  observed  the   Hoonah  program  may  be                                                               
limited by the space available.                                                                                                 
                                                                                                                                
9:36:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON suggested that the  state could provide                                                               
a  week of  training  for  every new  teacher  at the  university                                                               
campus,  in   order  to  increase  the   level  of  preparedness.                                                               
However, she cautioned that the cost could be high.                                                                             
                                                                                                                                
9:38:05 AM                                                                                                                    
                                                                                                                                
MR.  TRICKEY clarified  that the  plaintiffs are  not asking  the                                                               
legislature to  throw money  at the  problem.   As the  court has                                                               
focused on targeted remedies for  particular schools, and teacher                                                               
retention   has  been   identified   as   a  problem,   intensive                                                               
professional development through UA  may prepare teachers so they                                                               
will succeed and stay.   He supported legislation to provide such                                                               
a program.                                                                                                                      
                                                                                                                                
9:40:12 AM                                                                                                                    
                                                                                                                                
SENATOR  DAVIS  said  she  felt   she  did  not  have  sufficient                                                               
information necessary  to discuss  either the settlement  of this                                                               
case, or relevant  draft legislation.  Testimony  specific to the                                                               
department's action  in each of  the five affected  districts has                                                               
yet to be heard, she stressed.                                                                                                  
                                                                                                                                
9:41:10 AM                                                                                                                    
                                                                                                                                
CHAIR   SEATON   requested    comments   from   school   district                                                               
representatives  regarding  pre-k, teacher  capacity,  mentorship                                                               
programs, and  the leadership institute  offered for  the benefit                                                               
of the  five districts and others.   He also welcomed  any "third                                                               
party" viewpoints on these issues.                                                                                              
                                                                                                                                
9:43:34 AM                                                                                                                    
                                                                                                                                
MR. TRICKEY observed that all  of the questions are excellent and                                                               
responses  will  be  provided to  the  committees;  however,  his                                                               
understanding was  that this  hearing was to  focus on  the court                                                               
order.     Therefore,  representatives   of  the   five  affected                                                               
districts are not in attendance to provide testimony.                                                                           
                                                                                                                                
9:44:22 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON stated  that the  purpose of  the House  and Senate                                                               
Education Standing Committees is  to improve education throughout                                                               
the  state, thus  the committees  need  to hear  from the  school                                                               
districts  on the  effectiveness of  the changes  that are  being                                                               
made.   Their testimony  may be  specific to  the Moore  case, as                                                               
well as pertinent to other districts.                                                                                           
                                                                                                                                
9:45:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  recalled that the plaintiffs  in the case                                                               
are not local  school districts or residents.  She  asked how the                                                               
orders are  being received  by school  districts in  the affected                                                               
communities.                                                                                                                    
                                                                                                                                
MR. TRICKEY clarified  that the case was initiated  by parents in                                                               
most  of the  communities.   He  has heard  school board  members                                                               
welcome  the court's  influence on  the  state.   Parents in  the                                                               
communities want  their children  to succeed  in two  worlds, and                                                               
the court order stated that  schools have to engage the community                                                               
in order to  affect school attendance and other issues.   He said                                                               
the general view was,  "This is going to get us  some of the help                                                               
that we need, and the support  we need, that hasn't been there in                                                               
the past."                                                                                                                      
                                                                                                                                
9:48:02 AM                                                                                                                    
                                                                                                                                
SENATOR DAVIS asked about the 60-day court deadline.                                                                            
                                                                                                                                
MR. TRICKEY explained  that the state has 60 days  to comply with                                                               
the order, and then the plaintiffs  have 30 days in which to file                                                               
a response.                                                                                                                     
                                                                                                                                
9:48:34 AM                                                                                                                    
                                                                                                                                
SENATOR DAVIS asked  how the legislature will  be involved, after                                                               
the 90-day period.                                                                                                              
                                                                                                                                
MR.  TRICKEY responded  that provisions  of  any settlement  will                                                               
have to be supported and approved  by the legislature; thus, if a                                                               
settlement  is close,  he would  recommend approaching  the court                                                               
regarding the  timeline.   In response to  Chair Seaton,  he said                                                               
the filings  in the case  will be a  matter of public  record and                                                               
will be provided to the committees.                                                                                             
                                                                                                                                
9:51:19 AM                                                                                                                    
                                                                                                                                
[For the  record, Chair Seaton  directed that  relevant documents                                                               
from  plaintiffs and  the state  will be  forwarded to  the House                                                               
Education Standing  Committee and  the Senate  Education Standing                                                               
Committee when available.]                                                                                                      
                                                                                                                                
9:51:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON indicated  that within the five affected                                                               
school districts there are many  small, widespread schools, which                                                               
may  have   three  or  fewer   teachers.    She  asked   for  the                                                               
expectations  regarding teacher  capacity deficiencies  for small                                                               
k-12 schools.                                                                                                                   
                                                                                                                                
MR. TRICKEY  said this  situation is the  reason capacity  of the                                                               
department  is a  critical piece  in complying  with the  court's                                                               
order.   Teachers in small  schools need to  be able to  have the                                                               
department as a  resource when they need  expertise in particular                                                               
content  areas.     The  court's  order  will   ensure  that  the                                                               
department  can   supply  research-based  materials   and  proven                                                               
instructional strategies  to teach and re-teach  wherever needed.                                                               
The  initial   focus  of  the  department   on  the  intervention                                                               
districts, comprised of  42 schools and over  5,000 students, has                                                               
come to  include all  Level 4 low  performing schools  across the                                                               
state.                                                                                                                          
                                                                                                                                
9:55:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON   called  attention   to  debate   on  the                                                               
governor's scholarship  program (GPS) legislation.   He asked for                                                               
Mr. Howard's comments  on the proposed bill, given  the fact that                                                               
rural  educators are  skeptical  about whether  the rural  school                                                               
districts can  "rise up ... over  a period of time  to meet those                                                               
standards  in  the  scholarship  program,  under  the  mantra  of                                                               
education reform."                                                                                                              
                                                                                                                                
9:56:55 AM                                                                                                                    
                                                                                                                                
MR.  TRICKEY  opined incentives  for  students  can be  positive;                                                               
however,  he  questioned  whether  the  GPS  bill  is  rooted  in                                                               
strategies that  are proven  to address  the problem  of behavior                                                               
change.   What  is  known  is that  root  causes  of low  student                                                               
performance and the achievement gap  can be addressed by specific                                                               
research-based  remedies.   "That's not  to say  it isn't  a good                                                               
idea, because it  may motivate ... some of the  best students out                                                               
there...," he concluded.                                                                                                        
                                                                                                                                
9:59:06 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  countered that the  GPS was based on  other states'                                                               
programs  that have  found broad  success in  reforming education                                                               
and elevating student performance  in postsecondary education and                                                               
vocational certification.                                                                                                       
                                                                                                                                
10:00:08 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committees, the joint                                                                
meeting of the House and Senate Standing Committees on Education                                                                
was adjourned at 10:00 a.m.                                                                                                     

Document Name Date/Time Subjects
Moore vs State 2007.pdf HEDC 4/7/2010 8:00:00 AM
Moore vs State 2009.pdf HEDC 4/7/2010 8:00:00 AM
Moore vs State 2010.pdf HEDC 4/7/2010 8:00:00 AM
Moore vs Alaska memo.docx HEDC 4/7/2010 8:00:00 AM
Excerpts from the Moore Decision.doc HEDC 4/7/2010 8:00:00 AM
Scan001.PDF HEDC 4/7/2010 8:00:00 AM
HEDC 4/9/2010 8:00:00 AM
Scan001.PDF HEDC 4/7/2010 8:00:00 AM
HEDC 4/9/2010 8:00:00 AM
Scan001.PDF HEDC 4/7/2010 8:00:00 AM
HEDC 4/9/2010 8:00:00 AM