Legislature(2001 - 2002)
05/07/2001 09:07 AM House RLS
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
May 7, 2001
9:07 a.m.
MEMBERS PRESENT
Representative Pete Kott, Chair
Representative Brian Porter
Representative Vic Kohring
Representative Carl Morgan
Representative Lesil McGuire
Representative Ethan Berkowitz
Representative Reggie Joule
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Representative Con Bunde
Representative Gretchen Guess
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 133(HES) am
"An Act relating to a two-year transition for implementation of
the public high school competency examination and to
establishing a secondary student competency examination as a
high school graduation requirement; and providing for an
effective date."
- MOVED HCS CSSB 133(RLS) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 210(JUD)
"An Act relating to the constitutional right to privacy."
- SCHEDULED BUT NOT HEARD
PREVIOUS ACTION
BILL: SB 133
SHORT TITLE:PUBLIC SCHOOL COMPETENCY EXAM/REPORTS
SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES
Jrn-Date Jrn-Page Action
03/09/01 0598 (S) READ THE FIRST TIME -
REFERRALS
03/09/01 0598 (S) HES, FIN
03/09/01 0600 (S) HES WAIVED PUB HEARING
NOTICE, RULE 23
03/10/01 (S) HES AT 10:30 AM BUTROVICH 205
03/10/01 (S) Heard & Held
03/10/01 (S) MINUTE(HES)
03/12/01 (S) HES AT 1:30 PM BUTROVICH 205
03/12/01 (S) Heard & Held
03/12/01 (S) MINUTE(HES)
03/14/01 (S) HES AT 1:30 PM BUTROVICH 205
03/14/01 (S) Heard & Held
MINUTE(HES)
03/16/01 (S) HES AT 0:00 PM BELTZ 211
03/16/01 (S) Moved CS(HES) Out of
Committee
MINUTE(HES)
03/20/01 0732 (S) HES RPT CS 5DP NEW TITLE
03/20/01 0732 (S) DP: GREEN, LEMAN, WILKEN,
WARD, DAVIS
03/20/01 0732 (S) FN1: (EED)
03/26/01 (S) FIN AT 6:00 PM SENATE FINANCE
532
03/26/01 (S) Moved CS(HES) Out of
Committee
03/26/01 (S) MINUTE(FIN)
03/27/01 0819 (S) FIN RPT CS(HES) 6DP 1NR
03/27/01 0819 (S) DP: DONLEY, KELLY, HOFFMAN,
LEMAN
03/27/01 0819 (S) GREEN, OLSON; NR: WILKEN
03/27/01 0819 (S) FN1: (EED)
03/28/01 0838 (S) RULES TO CALENDAR 3/28/01
03/28/01 0840 (S) READ THE SECOND TIME
03/28/01 0840 (S) HES CS ADOPTED UNAN CONSENT
03/28/01 0840 (S) AM NO 1 ADOPTED UNAN CONSENT
03/28/01 0841 (S) ADVANCED TO THIRD READING
UNAN CONSENT
03/28/01 0841 (S) READ THE THIRD TIME CSSB
133(HES) AM
03/28/01 0841 (S) PASSED Y19 N- E1
03/28/01 0841 (S) EFFECTIVE DATE(S) SAME AS
PASSAGE
03/28/01 0844 (S) TRANSMITTED TO (H)
03/28/01 0844 (S) VERSION: CSSB 133(HES) AM
03/28/01 (S) RLS AT 10:45 AM FAHRENKAMP
203
03/28/01 (S) MINUTE(RLS)
03/29/01 0767 (H) READ THE FIRST TIME -
REFERRALS
03/29/01 0767 (H) EDU, HES, FIN
04/02/01 (H) EDU AT 8:00 AM HOUSE FINANCE
519
04/02/01 (H) Heard & Held
MINUTE(EDU)
04/02/01 (H) HES AT 8:00 AM HOUSE FINANCE
519
04/02/01 (H) Joint with EDU
04/02/01 (H) MINUTE(HES)
04/04/01 (H) EDU AT 8:00 AM HOUSE FINANCE
519
04/04/01 (H) Moved HCS CSSB 133(EDU) Out
of Committee
MINUTE(EDU)
04/04/01 (H) HES AT 8:00 AM HOUSE FINANCE
519
04/04/01 (H) Met jointly with EDU --
Meeting continued from 4/2/01
04/04/01 (H) MINUTE(HES)
04/05/01 0858 (H) EDU RPT HCS(EDU) NT 2DP 1DNP
1NR 2AM
04/05/01 0858 (H) TITLE CHANGE PENDING HCR 14
04/05/01 0859 (H) DP: PORTER, BUNDE; DNP:
WILSON;
04/05/01 0859 (H) NR: STEVENS; AM: GUESS, JOULE
04/05/01 0859 (H) FN1: (EED)
04/05/01 (H) HES AT 3:00 PM CAPITOL 106
04/05/01 (H) Heard & Held
04/05/01 (H) MINUTE(HES)
04/10/01 (H) HES AT 3:00 PM CAPITOL 106
04/10/01 (H) Moved HCS CSSB 133(HES) Out
of Committee
04/10/01 (H) MINUTE(HES)
04/12/01 0983 (H) HES RPT HCS(HES) NT 2DP 2NR
2AM
04/12/01 0983 (H) TITLE CHANGE PENDING HCR 14
04/12/01 0984 (H) DP: COGHILL, DYSON; NR:
STEVENS,
04/12/01 0984 (H) WILSON; AM: JOULE, CISSNA
04/12/01 0984 (H) FN1: (EED)
04/19/01 (H) FIN AT 1:30 PM HOUSE FINANCE
519
04/20/01 (H) FIN AT 1:30 PM HOUSE FINANCE
519
04/20/01 (H) <Bill Postponed>
04/21/01 (H) FIN AT 10:00 AM HOUSE FINANCE
519
04/21/01 (H) Heard & Held
MINUTE(FIN)
04/24/01 (H) FIN AT 1:30 PM HOUSE FINANCE
519
04/24/01 (H) Moved HCS CSSB 133(FIN) Out
of Committee
MINUTE(FIN)
04/25/01 1202 (H) FIN RPT HCS(FIN) NT 7DP 2AM
04/25/01 1202 (H) TITLE CHANGE PENDING HCR 14
04/25/01 1202 (H) DP: WHITAKER, CROFT, DAVIES,
MOSES,
04/25/01 1202 (H) LANCASTER, HUDSON, WILLIAMS;
AM: BUNDE,
04/25/01 1202 (H) HARRIS
04/25/01 1202 (H) FN1: (EED)
05/07/01 1624 (H) RLS RPT HCS(RLS) NT 2DP 5NR
05/07/01 1624 (H) TITLE CHANGE PENDING HCR 14
05/07/01 1624 (H) DP: PORTER, KOTT; NR:
BERKOWITZ,
05/07/01 1624 (H) JOULE, MCGUIRE, MORGAN,
KOHRING
05/07/01 1624 (H) FN1: (EED)
05/07/01 1658 (H) RULES TO 1ST SUP CALENDAR
5/7/01
05/07/01 1658 (H) READ THE SECOND TIME
05/07/01 1659 (H) RLS HCS ADOPTED UNAN CONSENT
05/07/01 1659 (H) AM NO 1 FAILED Y7 N29 A4
05/07/01 1661 (H) AM NO 2 FAILED Y11 N28 A1
05/07/01 1662 (H) ADVANCED TO THIRD READING 5/8
CALENDAR
05/07/01 (H) RLS AT 9:00 AM FAHRENKAMP 203
WITNESS REGISTER
HANS NEIDIG, Staff
to Senator Green
Alaska State Legislature
Capitol Building, Room 125
Juneau, Alaska 99801
POSITION STATEMENT: Answered questions regarding SB 133.
REPRESENTATIVE CON BUNDE
Alaska State Legislature
Capitol Building, Room 501
Juneau, Alaska 99801
POSITION STATEMENT: Discussed the two amendments to SB 133 that
he had offered for the committee's consideration.
ACTION NARRATIVE
TAPE 01-17, SIDE A
Number 0001
CHAIR PETE KOTT called the House Rules Standing Committee
meeting to order at 9:07 a.m. Representatives Kott, Porter,
Kohring, Morgan, McGuire, Berkowitz, and Joule were present at
the call to order. Representatives Guess and Bunde were also in
attendance.
SB 133-PUBLIC SCHOOL COMPETENCY EXAM/REPORTS
CHAIR KOTT announced that the first order of business would be
CS FOR SENATE BILL NO. 133(HES) am, "An Act relating to a two-
year transition for implementation of the public high school
competency examination and to establishing a secondary student
competency examination as a high school graduation requirement;
and providing for an effective date." Chair Kott informed the
committee that it would be working from HCS CSSB 133(FIN) rather
than the House Rules Standing Committee CS that is included in
the bill packet.
Number 0010
HANS NEIDIG, Staff to Senator Green, Alaska State Legislature,
said that he was available to answer questions. In response to
Chair Kott, Mr. Neidig noted that he had not seen the final copy
of the amendment.
Number 0023
REPRESENTATIVE CON BUNDE, Alaska State Legislature, encouraged
the committee to address the two amendments that he has offered
and included in the committee packet. Representative Bunde
related his belief that the goal all along has been to be fair
and consistent in an attempt to have high standards and
encourage students to leave high school well prepared while not
being unfair or unduly punitive to anyone with a disability or
learning challenge. He turned to [Amendment 1, labeled 22-
LS0607\X.4, Ford, 5/6/01,], which reads as follows:
Page 3, line 18, following "section":
Insert ", with or without accommodation,"
Page 3, line 24, following "section;":
Insert "this paragraph does not apply to a
student unless the department determines that the
student has taken and failed to pass the competency
examination with or without accommodations and the
department approves the student's alternative
assessment program described under this paragraph;"
Page 6, line 7:
Delete "and"
Insert "[AND]"
Page 6, line 9, following "AS 14.30.420":
Insert "; and
(8) the number and percentage of students
in each school who take and who successfully complete
an alternative assessment program in reading, English,
or mathematics; and the number and percentage of
pupils in each school who successfully complete the
alternative assessment program but who do not reach
the state performance standards at the competency exam
level in reading, English, or mathematics; a school
may not report results under this paragraph unless the
school complies with the family educational rights and
privacy requirements of 34 C.F.R. 99"
REPRESENTATIVE BUNDE explained that [Amendment 1] allows
children with an Individual Education Plan (IEP) to take the
competency test with or without any accommodations that they
might require. Then if the child's IEP team feels it is
appropriate to have a modified or alternative test, the
amendment says that the Department of Education would have the
opportunity to review that modification and offer advice. The
department is not allowed to veto that modification because that
falls under the purview of the IEP team per the federal law.
CHAIR KOTT asked if Representative Bunde had worked this out
with Senator Green. He also asked if Senator Green is in
agreement with [Amendment 1].
REPRESENTATIVE BUNDE said that he didn't want to speak for
Senator Green. However, he knew that both he and Senator Green
are concerned about special education students and those with
learning disabilities. The language in the bill reflects the
language that was offered in [House] Finance, which he believes
reflects what the sponsor wanted. The only addition to that
language is the department's ability to review the alternative
assessment or modification.
MR. NEIDIG informed the committee that Senator Green is "OK"
with [Amendment 1].
Number 0098
REPRESENTATIVE PORTER moved that the committee adopt Amendment 1
[22-LS0607\X.4, Ford, 5/6/01]. There being no objection,
Amendment 1 was adopted.
CHAIR KOTT directed the committee's attention to Amendment 2
[22-LS0607\X.5, Cook/Ford, 5/7/01], which reads as follows:
Page 4, lines 13 and 14:
Delete all material.
Reletter the following subsections accordingly.
CHAIR KOTT surmised that Amendment 2 merely removes the
endorsement.
REPRESENTATIVE BUNDE agreed with Chair Kott's understanding of
Amendment 2. He explained that his concern has been that [the
endorsement] singles out special education students. Although
the department didn't believe it was illegal, Representative
Bunde indicated that it may be unethical. The endorsement
divided special education children into two categories. Those
special education students that receive a diploma with
accommodations would receive endorsements in the areas they
passed, while those special education students that used
modifications wouldn't receive endorsements. Representative
Bunde expressed concern that [endorsements] would stigmatize
special education students. He said that [endorsements] didn't
focus on the fair and consistent goal with testing.
Number 0134
REPRESENTATIVE GUESS said that she believes Representative Bunde
explained the issue very well. She added that it is a trade off
in regard to motivation and whether the child is reminded of
their disability through their transcript.
MR. NEIDIG agreed that this is a policy issue and the Senate
chose to use the endorsement language because it believes that
the endorsement would be an incentive for those seeking waiver
language or the IEP students to achieve the next highest level.
Number 157
REPRESENTATIVE McGUIRE moved that the committee adopt Amendment
2. There being no objection, Amendment 2 was adopted.
CHAIR KOTT noted that a title amendment will be required and
will occur on the House floor. He closed public testimony.
The committee took a brief at-ease.
Number 0166
REPRESENTATIVE PORTER moved to report HCS CSSB 133(FIN) as
amended out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, HCS CSSB
133(RLS) was reported from the House Rules Standing Committee.
SB 210-LIMITS ON RIGHT TO PRIVACY
Number 0173
CHAIR KOTT turned to CS FOR SENATE BILL NO. 210(JUD), "An Act
relating to the constitutional right to privacy." This bill was
not taken up.
ADJOURNMENT
The House Rules Standing Committee meeting was recessed to the
call of the chair at 9:18 a.m. This meeting never reconvened.
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