Legislature(2001 - 2002)

02/12/2001 01:35 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                     ALASKA STATE LEGISLATURE                                                                                   
             SENATE HEALTH & SOCIAL SERVICES COMMITTEE                                                                        
                         February 12, 2001                                                                                      
                             1:35 p.m.                                                                                          
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyda Green, Chair                                                                                                       
Senator Loren Leman                                                                                                             
Senator Gary Wilken                                                                                                             
Senator Jerry Ward                                                                                                              
Senator Bettye Davis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All Members Present                                                                                                             
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Discussion of SB 36 from the 20th Legislative Session, benchmark                                                                
assessments and the High School Graduation Qualifying Exam.                                                                     
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Ms. Shirley Holloway, Commissioner                                                                                              
Department of Education &                                                                                                       
 Early Development                                                                                                              
        th                                                                                                                      
801 W 10 St.                                                                                                                    
Juneau, AK  99801-1894                                                                                                          
                                                                                                                                
Mr. Eddy Jeans, Manager                                                                                                         
School Finance and Facilities Section                                                                                           
Department of Education &                                                                                                       
 Early Development                                                                                                              
        th                                                                                                                      
801 W 10 St.                                                                                                                    
Juneau, AK  99801-1894                                                                                                          
                                                                                                                                
Mr. Bruce Johnson, Deputy Commissioner                                                                                          
Department of Education &                                                                                                       
 Early Development                                                                                                              
        th                                                                                                                      
801 W 10 St.                                                                                                                    
Juneau, AK  99801-1894                                                                                                          
                                                                                                                                
Mr. Phillip Reeves, Assistant Attorney General                                                                                  
Human Services Section                                                                                                          
Department of Education &                                                                                                       
 Early Development                                                                                                              
801 W 10 St.                                                                                                                    
Juneau, AK  99801-1894                                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-10, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIR  LYDA  GREEN  called  the  Senate  Health  &  Social  Services                                                          
Committee  meeting  to order  at 1:35  p.m.   Present  were  Senator                                                            
Leman, Senator Wilken,  Senator Davis and CHAIR Green.  Senator Ward                                                            
arrived at 1:36 p.m.                                                                                                            
                                                                                                                                
MS. SHIRLEY  HOLLOWAY,  Commissioner,  Department  of Education  and                                                            
Early Development  (DOEED), said Mr. Eddie Jeans would  cover SB 36,                                                            
from the 20th Legislative  Session, and then begin the first of five                                                            
work sessions  on the benchmark assessment exam and  the High School                                                            
Graduation Qualifying Exam (HSGQE).                                                                                             
                                                                                                                                
MR.  EDDIE   JEANS,  School   Finance  Manager,   DOEED,  said   his                                                            
presentation would  be based on the executive summary  of the report                                                            
to the  state legislature.   The  report was a  result of  reporting                                                            
requirements  under SB 36.   SB 36 required  DOEED to prepare  three                                                            
reports  on the  following topics:   1)  district  cost factors,  2)                                                            
comparison  of  old  and  new  funding  formula,  and  3)  education                                                            
adequacy report.                                                                                                                
                                                                                                                                
MR. JEANS said  DOEED tried to use  the methodology that  CTB McGraw                                                            
Hill and the McDowell Group  used to determine district cost factors                                                            
that were  adopted  by SB 36.   After  running an  analysis, it  was                                                            
apparent  that  the   McDowell  Group  methodology   was  no  longer                                                            
appropriate  or  amenable to  update.   DOEED  then  entered into  a                                                            
contract  with  the  McDowell  Group  to have  them  look  into  the                                                            
analysis to see  if they came to the same conclusion.   The McDowell                                                            
Group did  find that  the methodology  used in  1998 to develop  the                                                            
cost factors that are currently  in statute could not be used.  They                                                            
recommended  that DOEED seek funding  for a new cost study  based on                                                            
the actual  cost  of providing  the services  around  the region  as                                                            
opposed to  what districts are spending.   DOEED recommends  that an                                                            
appropriation  be made for a contract  to develop a new methodology                                                             
that can be updated on an ongoing basis.                                                                                        
                                                                                                                                
Number 307                                                                                                                      
                                                                                                                                
SENATOR LEMAN  asked if the money  the districts are spending  would                                                            
not confirm  the  existing distribution  because  they are  probably                                                            
spending close  to what is appropriated.   He asked if there  should                                                            
be some type of common standard to compare against.                                                                             
                                                                                                                                
MR. JEANS agreed.   In the last few studies, the McDowell  Group has                                                            
based the cost factor on  what districts are currently spending, not                                                            
what it costs them to provide the service.                                                                                      
                                                                                                                                
SENATOR  LEMAN  noted  that  districts   should  be  compared  on  a                                                            
reasonable standard.                                                                                                            
                                                                                                                                
CHAIR GREEN asked if the  chart of accounts reconciliation addresses                                                            
this problem.                                                                                                                   
                                                                                                                                
MR. JEANS said  the state board had just adopted a  revised chart of                                                            
accounts  that  would go  into  effect  July  1, 2001,  which  would                                                            
provide more  detail on what  districts are  spending.  The  revised                                                            
chart also  gives districts additional  guidance on how to  classify                                                            
expenditures.    DOEED  does  not  believe  the  audited   financial                                                            
statements  are   the  appropriate  tools  for  developing   a  cost                                                            
differential.                                                                                                                   
                                                                                                                                
MR.  JEANS  said the  next  report  comparison  of the  old  funding                                                            
formula  to the  new  formula.   DOEED  had  two findings  for  this                                                            
section of the  report.  One is for the erosion of  the supplemental                                                            
funding  floor.   The other  is a  provision  under one  of the  old                                                            
funding  formulas that  was an oversight  in the  rewrite of  SB 36,                                                            
which provided  a hold-harmless type  of funding for districts  that                                                            
experience a rapid  decrease in enrollment.  This  provided a stair-                                                            
step approach  so the reduction did  not have to be absorbed  all in                                                            
one year.   The erosion of the funding  floor takes money  away from                                                            
districts whose funding  is based on cost differentials that may not                                                            
be appropriate.   Until  DOEED has  developed a  new methodology  to                                                            
determine what the differentials  are, it is recommending the repeal                                                            
of the erosion  of the supplemental  funding floor.  The  Governor's                                                            
funding  task  force has  also  recommended  the suspension  of  the                                                            
erosion  of  the supplemental   floor until  new  cost  factors  are                                                            
developed and adopted by the legislature.                                                                                       
                                                                                                                                
MR. JEANS  said  the third  section of  the report  is on  education                                                            
adequacy.  The  report recommends that all of the  DOEED findings be                                                            
given to the Governor's education funding task force.                                                                           
                                                                                                                                
Number 651                                                                                                                      
                                                                                                                                
MR.  BRUCE  JOHNSON,   Deputy  Commissioner,  DOEED,   said  content                                                            
standards  started in  the early  1990s.   They  were voluntary  and                                                            
designed to give  school districts targeted help in  the development                                                            
and  alignment  of  their curricula.    Hundreds  of  Alaskans  were                                                            
involved in the  construction of the content standards  in 10 areas,                                                            
which has  now evolved  to 12 areas,  and also  in public  hearings.                                                            
The passage  of  the competency  exam requirement  in  1997 is  what                                                            
moved this effort forward.                                                                                                      
                                                                                                                                
CHAIR GREEN asked for the definition of content standards.                                                                      
                                                                                                                                
MR. JOHNSON said  content standards identify contents  that Alaskans                                                            
felt  were important  in  10 areas.   Performance  standards  are  a                                                            
subset of content standards  and they have to be measurable.  Alaska                                                            
moved from  content standards to performance  standards in  reading,                                                            
writing,  and  mathematics,  which  hold  young  people accountable                                                             
through  benchmark   assessments  and  the  HSGQE.     Some  content                                                            
standards  do not  lend  themselves  well to  performance  standards                                                            
because  of  things   like  appreciation  -  "How   do  you  measure                                                            
appreciation with a paper and pencil exam?"                                                                                     
                                                                                                                                
MR. JOHNSON  said the  process was  done by Alaskans  and guided  by                                                            
McGraw Hill publishing.   When the competency law was passed, Alaska                                                            
did not have  the expertise to develop  its own exams.  McGraw  Hill                                                            
guarantees legal defensibility  such as, this test question measures                                                            
this standard,  and they also go to court to help  with this aspect.                                                            
At the same  time, they allow Alaska  to direct the process.  Alaska                                                            
determines  the standards,  chooses the test  questions from  McGraw                                                            
Hill's item pool,  and Alaska revises some of the  test questions in                                                            
order to fit urban and  rural life equally well.  The first exam was                                                            
field tested in 1998, both  the benchmark exam and the HSGQE.  After                                                            
the field test,  groups of Alaskans  came together again  to look at                                                            
how well  the questions  worked on  the field  test.  The  questions                                                            
they asked were:  Did an  urban student answer a question as well as                                                            
a rural student or was  there something wrong with the question; Did                                                            
the question favor one  group over another, such as girl versus boy,                                                            
or one race  over another?  When a  question was found that  did not                                                            
work  well  statewide,  that question  was  thrown  out.   About  40                                                            
percent of the field questions were eliminated.                                                                                 
                                                                                                                                
Number 1022                                                                                                                     
                                                                                                                                
CHAIR GREEN asked if the test changes each year.                                                                                
                                                                                                                                
MR. JOHNSON  replied that  the test does change  from year  to year.                                                            
From edition  to edition,  some of the same  questions are  used but                                                            
there are always  new questions.  There can never  be a new question                                                            
unless  it has been  field tested  first.   McGraw Hill guarantees,                                                             
from  version  to  version,  that  there   is  equivalency  and  the                                                            
difficulty level is the same.                                                                                                   
                                                                                                                                
CHAIR GREEN  asked if  a field test  could be  given to students  in                                                            
other states.                                                                                                                   
                                                                                                                                
MR.  JOHNSON said  not in  a standard  assessment  because  Alaska's                                                            
standards are not the same as other states' standards.                                                                          
                                                                                                                                
MR. JOHNSON said  field testing led to the development  of the first                                                            
three versions  of Alaska's  HSGQE, which  were administered  in the                                                            
spring  of 1999.   The benchmark  assessment was  also developed  at                                                            
this time for  grades 3, 6 and 8.  For four or five  years, a single                                                            
test would be  used for the benchmark assessments  and then the test                                                            
would be revised.                                                                                                               
                                                                                                                                
MR. JOHNSON  said  that after  the exams  were administered  in  the                                                            
spring  of  1999,  groups of  Alaskans  convened  to  establish  the                                                            
passing score  for the HSGQE.  The passing score was  determined and                                                            
the HSGQE is a pass, no  pass exam.  There are five opportunities to                                                            
take the  exam during normal  high school  years and six  additional                                                            
times following the normal date of graduation.                                                                                  
                                                                                                                                
Number 1225                                                                                                                     
                                                                                                                                
SENATOR LEMAN  asked if the pass,  no pass scores are different  for                                                            
each of the three sections.                                                                                                     
                                                                                                                                
MR.  JOHNSON  answered yes.    There were  committees  of  18 to  20                                                            
people, including parents,  business people and teachers, in each of                                                            
the three  disciplines,  all working  independently  of each  other.                                                            
There was no  connection between the  passing score from  reading to                                                            
math or from reading to writing.                                                                                                
                                                                                                                                
SENATOR  LEMAN asked what  the passing  scores are  for each  of the                                                            
sections.                                                                                                                       
                                                                                                                                
MR. JOHNSON  said scores ranged  from a low  in reading of 305  to a                                                            
high in mathematics of 383, writing fell in between at 340.                                                                     
                                                                                                                                
Number 1333                                                                                                                     
                                                                                                                                
SENATOR LEMAN  said some of his constituents  do not understand  how                                                            
the tests were developed.                                                                                                       
                                                                                                                                
MR. JOHNSON  said  four levels  were established  for the  benchmark                                                            
test score levels - advanced,  proficient, below proficient, and not                                                            
proficient.   Federal requirements  require information be  reported                                                            
to the  federal government  on the  scores - it  cannot be pass,  no                                                            
pass.  One  of the objectives  of the benchmark  test is to  provide                                                            
families,  teachers,  and  schools with  feedback  on  how well  the                                                            
students are doing.                                                                                                             
                                                                                                                                
CHAIR GREEN  asked if the  federal government  would accept  results                                                            
from any test.                                                                                                                  
                                                                                                                                
MR. JOHNSON  said it is up  to each state  to determine how  it will                                                            
assess,  although  most  states are  moving  toward  standard  based                                                            
testing.                                                                                                                        
                                                                                                                                
MR.  JOHNSON  said   results  of  the  benchmark  assessments   were                                                            
distributed in October  of 1999.  DOEED then distributed the results                                                            
to  school  districts  and the  school  districts  are  required  to                                                            
distribute the  results to families, students and  teachers in a way                                                            
they determine appropriate.                                                                                                     
                                                                                                                                
MR. JOHNSON said teachers  need to know what students are being held                                                            
accountable  for  - DOEED  does this  in two  ways;  first with  the                                                            
establishment  of practice exams.   A contract last spring  with the                                                            
Anchorage  school  district  developed practice  exams  in  reading,                                                            
writing, and  mathematics for the  high school level.  The  practice                                                            
exam did not  go through all the iterations  of the actual  test but                                                            
it gave a good indication  of the types of questions.  Second, DOEED                                                            
published a HSGQE content  guide.  The guide went to all high school                                                            
teachers who  had responsibilities  related to teaching students  in                                                            
these areas.   The guide is an attempt  to break down the  standards                                                            
so they  were more understandable,  as well  as provide guidance  on                                                            
how the standards  might be tested on the exam.  Right  now, a guide                                                            
is being developed for the benchmark exam.                                                                                      
                                                                                                                                
CHAIR GREEN asked when the HSGQE guide was released.                                                                            
                                                                                                                                
MR. JOHNSON replied  last year.  He said the guide  was an effort to                                                            
take away the mystique of a highly confidential test.                                                                           
                                                                                                                                
CHAIR GREEN  noted that  a teacher  could use  the guide to  develop                                                            
skills to work  from.  She asked if there would be  a time when more                                                            
than one practice test would be developed for use by teachers.                                                                  
                                                                                                                                
MR. JOHNSON  said that  would be ideal  but it would  cost a  lot of                                                            
money.   One way  to keep  the cost  down is  to not  own the  test.                                                            
Presently, tests are a  joint effort between McGraw Hill and Alaska.                                                            
McGraw Hill maintains the  copyright on the test because some of the                                                            
questions  are being used  elsewhere.  Versions  of a test  could be                                                            
released  in the future but  only because  they are no longer  being                                                            
used anywhere  else.  For the first time, a practice  exam is now on                                                            
line for the HSGQE.                                                                                                             
                                                                                                                                
SENATOR LEMAN asked if the other test is still on line.                                                                         
                                                                                                                                
MR. JOHNSON replied yes, but it will probably be discontinued.                                                                  
                                                                                                                                
CHAIR  GREEN said  a  teacher could  take  the model  questions  and                                                            
insert  different numbers  and  still be able  to use  the test  for                                                            
practice, particularly for math.                                                                                                
                                                                                                                                
MR. JOHNSON said it is  hoped that teachers will become more skilled                                                            
at  using  similar  types  of  assessment  tools  in  their  regular                                                            
classroom instruction.                                                                                                          
                                                                                                                                
CHAIR  GREEN said  as  long as  this falls  within  performance  and                                                            
content standards,  a teacher would  not be teaching to the  test, a                                                            
teacher would be teaching information that would be tested.                                                                     
                                                                                                                                
MR. JOHNSON said  DOEED learned that some of the test  questions and                                                            
how they were asked was perplexing to students.                                                                                 
                                                                                                                                
MR. JOHNSON brought the  continuous renewal chart to the committee's                                                            
attention.  He  said the content team met in Anchorage  for two days                                                            
and liked the standards  used for reading, writing, and mathematics.                                                            
They  then  looked  at  the  test  itself   in regard   to  specific                                                            
questions.    One  question  that  was  quickly   determined  to  be                                                            
necessary  was:    Is this  skill  really  something  necessary  for                                                            
success in later  life?  In other words, the operational  definition                                                            
became:  If the  student does not get the question  right, should he                                                            
or  she be  denied a  diploma?  This definition  is  different  from                                                            
anything that has been used up to this point.                                                                                   
                                                                                                                                
MR. JOHNSON  passed  out material  that showed  a circle  indicating                                                            
performance standards -  the targeted and taught skills and content.                                                            
Mr. Jeans said  the committee is leaning toward the  notion that not                                                            
all performance standards are key for later success in life.                                                                    
                                                                                                                                
CHAIR GREEN asked if certain questions could be targeted.                                                                       
                                                                                                                                
MR.  JOHNSON said  it  could be  done,  it would  be  much like  the                                                            
benchmark assessments with four scores determining four levels.                                                                 
                                                                                                                                
Number 1953                                                                                                                     
                                                                                                                                
CHAIR GREEN  asked if there would  be a problem with a lack  of base                                                            
from which  to build in the lower  grades.  She asked if  there were                                                            
things  students would  not have to  perform perfectly  in order  to                                                            
pass to another grade                                                                                                           
                                                                                                                                
MR.  JOHNSON   responded   yes,  some  are   foundational.     If  a                                                            
foundational  performance  standard  is  missing,  then it  will  be                                                            
difficult for  a child to be successful at the next  level - this is                                                            
where the energy should be targeted.                                                                                            
                                                                                                                                
SENATOR WILKEN  said his calculations  show a student would  have 15                                                            
chances to take the tests instead of 11.                                                                                        
                                                                                                                                
MR. JOHNSON  said tests could be taken  starting in the spring  of a                                                            
sophomore  year, fall and  spring of the junior  year, and  fall and                                                            
spring of the senior year.   This would total five attempts. Then, a                                                            
student could  take it again  during the fall  and spring for  three                                                            
years after the normal date of graduation.                                                                                      
                                                                                                                                
SENATOR WILKEN  agreed with  the first five  assessments but  said a                                                            
student could be enrolled  in high school until 20 years of age, for                                                            
two more  years or four more  opportunities.   There is also  a trip                                                            
date  of  23; a  student  could  take  the  test up  to  their  24th                                                            
birthday, which gives them six more opportunities.                                                                              
                                                                                                                                
MR. JOHNSON  said children with disabilities  could stay  in K-12 up                                                            
to the age of 23.                                                                                                               
                                                                                                                                
SENATOR WILKEN noted the  traditional student could take the test 10                                                            
times.  He  asked for the confidence  interval the test is  designed                                                            
to be valid within                                                                                                              
                                                                                                                                
MR. JOHNSON responded 95.                                                                                                       
                                                                                                                                
SENATOR  WILKEN explained  the confidence  interval  is 95 -  on any                                                            
given day, out  of 100 students, 5 students that should  have passed                                                            
did not, or five students that should not have passed did.                                                                      
                                                                                                                                
SENATOR WILEN  asked if 99 was the  original competency level  goal.                                                            
                                                                                                                                
MR. JOHNSON said there  was not a target for establishing that error                                                            
of measurement.   Phasing the cut scores was considered  at one time                                                            
so there would be one passing  score and after that there would be a                                                            
higher  level  passing  score.   But  it  was found  that  very  few                                                            
students benefited from the phased approach.                                                                                    
                                                                                                                                
SENATOR  WILKEN asked  if  the 95  percent competency  interval  was                                                            
accepted across the United  States or whether it is something Alaska                                                            
determines  and then builds around.   He also asked if other  states                                                            
have tests designed for higher than 95 percent                                                                                  
                                                                                                                                
MR. JOHNSON  said other states do  have higher percents but  DOEED's                                                            
approach  was to look at  where the scores  should be set and  where                                                            
the  standard  error of  measurement  should  be.   DOEED  wanted  a                                                            
broader standard and to  accomplish this, the standard had to be set                                                            
at the  lower end of  the range.   For Alaska's  first test,  the 95                                                            
percent confidence  interval was desirable  so that a diploma  would                                                            
not be denied to a student who knew the information.                                                                            
                                                                                                                                
Number 2295                                                                                                                     
                                                                                                                                
SENATOR WILKEN  asked what the committee did in August  and how that                                                            
differs from what will be done at the next meeting.                                                                             
                                                                                                                                
MR. JOHNSON said the same  thing was done but a broader question was                                                            
necessary.   "Is  this standard  essential  for later  life for  all                                                            
kids?" was determined to  not be a narrow enough definition.  To set                                                            
a new  passing score, with  a different  emphasis, another  question                                                            
had to be asked:  If a  student does not know the standard will they                                                            
be  denied a  diploma?   The  standard may  sound  like a  necessary                                                            
standard for a foundational  education but when looking at the range                                                            
of  difficulty  within  that  standard,  the standard  can  only  be                                                            
accomplished with individual test questions.                                                                                    
                                                                                                                                
CHAIR GREEN asked for an example.                                                                                               
                                                                                                                                
MR. JOHNSON  said in  a writing example  a student  may be asked  to                                                            
explain an  answer in two  or three sentences.   There will  be both                                                            
highly complex responses  as well as basic responses.  The committee                                                            
recognized  that both could be right,  depending on what  the target                                                            
is for a foundational education.                                                                                                
                                                                                                                                
TAPE 01-10, SIDE B                                                                                                            
                                                                                                                                
SENATOR  WILKEN  asked  if  the same  committee  would  be  asked  a                                                            
different question  or whether a different  question would  be asked                                                            
of a different committee.                                                                                                       
                                                                                                                                
MR. JOHNSON replied a different  committee that contains some of the                                                            
original  members to  allow for  representation  from prior  efforts                                                            
would look  to see if the test emphasis  is correct.  After  this is                                                            
completed, the  item pool of questions would be looked  at to see if                                                            
there are sufficient questions  within the pool that have been field                                                            
tested in Alaska  and which are appropriate  for constructing  a new                                                            
version  of the test.   Once the  new version of  the test has  been                                                            
given, a new passing score would be set.                                                                                        
                                                                                                                                
SENATOR WARD asked how group representatives were found.                                                                        
                                                                                                                                
MR. JOHNSON  said volunteers  were solicited  from around the  state                                                            
and people  were  also nominated.   A pool  was then  created  and a                                                            
representation  was  selected.   McGraw  Hill set  a  minimum of  15                                                            
content experts  to be within the  discipline, which left  six slots                                                            
open.                                                                                                                           
                                                                                                                                
SENATOR  DAVIS asked  how the February  test would  differ from  the                                                            
last test.                                                                                                                      
                                                                                                                                
MR.  JOHNSON  said there  would  be no  difference.  It  will be  an                                                            
identical  test  but  questions  will be  imbedded  for  field  test                                                            
purposes.                                                                                                                       
                                                                                                                                
SENATOR DAVIS asked what the time line is for the new version.                                                                  
                                                                                                                                
MR. JOHNSON  replied that  it hinges upon  whether there are  enough                                                            
items  in the  current  pool  to construct  a  new exam  around  the                                                            
emphasis  the group wants.   If  another field  test is needed,  the                                                            
next opportunity  is in the spring  of 2002.  A new exam  would then                                                            
be constructed  with new questions  and it would be administered  in                                                            
the spring  of 2003 and then the passing  scores would be  set.  The                                                            
new passing  scores would be for the  graduating class of  2004.  On                                                            
the other hand, if there  are enough items within the pool, the time                                                            
could be shortened, but not before 2003.                                                                                        
                                                                                                                                
CHAIR GREEN noted  that the school designator committee  would begin                                                            
a  series of  meetings  in February  of  2001 and  recommend  school                                                            
designators. She  asked, under this time line, how  many years would                                                            
this require for the establishment of a record?                                                                                 
                                                                                                                                
MR.  JOHNSON  said  this  is a  question  being  considered  by  the                                                            
committee and it will be brought before the board in March.                                                                     
                                                                                                                                
MR. PHILLIP  REEVES, Assistant Attorney  General, DOEED,  said there                                                            
is not  much direct information  available  on the defensibility  of                                                            
the Alaska  exam because  there is no case  law looking directly  at                                                            
the exam.   There are two  federal decisions  that provide  criteria                                                            
that  a court would  apply  in reviewing  the validity  of an  exam.                                                            
These  cases  are from  Florida  and Texas  and,  in both  cases,  a                                                            
challenge was  brought under Title VI of the Civil  Rights Act based                                                            
on a claim of  disproportionate failure rates by minority  students.                                                            
Title VI would be a likely  avenue for a challenge in Alaska because                                                            
if a claim  were made under the Civil  Rights Act and the  plaintiff                                                            
showed a significant  percentage difference in the  passing rates of                                                            
a minority  group versus a majority,  the burden would shift  to the                                                            
state to defend its program.                                                                                                    
                                                                                                                                
CHAIR GREEN asked for the broad definition of a minority.                                                                       
                                                                                                                                
MR. REEVES  said the Civil  Rights Act refers  to racial  minorities                                                            
and possibly religious minorities.                                                                                              
                                                                                                                                
MR. REEVES  said in  the Texas case,  the baseline  question  of the                                                            
state's burden was that  the state had to show it had an educational                                                            
necessity  for its  examination  requirement.   However,  the  court                                                            
explained  that while  this sounds  like  a high  burden, the  state                                                            
would be charged  with showing that  the challenged practice  serves                                                            
as a legitimate  educational  goal to the  institution.  The  courts                                                            
are  unlikely  to modify  a  state's  policy  decision on  what  the                                                            
standards  should be.   Courts would  instead focus  on whether  the                                                            
state  has   reasonably   implemented  that   standard  through   an                                                            
educational  program that  gives opportunities  to  the students  to                                                            
learn what  is necessary  to pass the  test.  The  two main  areas a                                                            
court  would  focus  on  are  content  validity  and  instructional                                                             
validity.  Content validity  could be phrased in the question:  Does                                                            
the  test accurately  measure  the  test  taker's knowledge  in  the                                                            
content  area   being  tested?     Alaska  has  contracted   with  a                                                            
corporation, a testing  expert, to develop test questions and assist                                                            
DOEED in  utilizing resources  from across  the state.  The  test is                                                            
based on the state  board adopted performance standards.   There was                                                            
a focus on  ridding the test of questions  that had a cultural  bias                                                            
and there is  a continuous renewal  process to evaluate and  improve                                                            
the exam.                                                                                                                       
                                                                                                                                
MR.  REEVES said  instructional  validity,  curricular  validity  or                                                            
opportunities to learn,  as a legal issue, are all the same concept.                                                            
A way to phrase  this issue is:  Does  the curriculum and  the total                                                            
educational program  offer each student a reasonable  opportunity to                                                            
gain the knowledge and  skills that are tested?  This question looks                                                            
at the educational  program in determining  if schools are  teaching                                                            
to this standard.   In order to hold  a student accountable,  courts                                                            
want  to  determine   whether  the   student  has  been   given  the                                                            
opportunity to learn.   The Texas and Florida cases provide a useful                                                            
outline of  criteria that  courts apply.  In  each case there  was a                                                            
multi-year  test  implementation  program.   The court  imposed  the                                                            
multi-year  program in Florida,  which was  first utilized  in 1978,                                                            
and in 1979 the test had  to be passed to gain a diploma.  The court                                                            
imposed  a  four  year  injunction   and  enjoined  the  state  from                                                            
withholding  diplomas for four years  after the requirement  was put                                                            
in.  In  Texas, the challenge  came eight  years after the  test was                                                            
made a requirement  for graduation.  The court looked  at the eight-                                                            
year  track  record  and  found  that the  state-mandated   remedial                                                            
programs were a success.   In each case there was a time span, which                                                            
showed  the test  was having  the effect  of improving  the  passage                                                            
rates of the group that was contesting the test.                                                                                
                                                                                                                                
CHAIR GREEN asked  if the Texas decision was handed  down January 7,                                                            
2000.                                                                                                                           
                                                                                                                                
MR. REEVES  said to  his recollection  the initial  exam was  put in                                                            
place in  the late  1980s and was  then changed  in 1990.  The  1990                                                            
exam was the contested exam.                                                                                                    
                                                                                                                                
CHAIR GREEN asked how long the exam had been under review.                                                                      
                                                                                                                                
MR. REEVES  noted the challenge was  held in 1999.  The test  became                                                            
mandatory in 1990 and Mr.  Reeves was not aware of when the case was                                                            
originally filed, but the  court heard evidence on the defensibility                                                            
of  the test  in  1999.   Mr.  Reeves said  that  much  of the  case                                                            
argument was over  issues, such as whether the court  should look at                                                            
improvement  over  the  years  or disparity  in  the  failing  rates                                                            
between the plaintiffs and the majority group.                                                                                  
                                                                                                                                
CHAIR GREEN  asked if failure  of the Texas  Assessment of  Academic                                                            
Skills (TAAS) would keep a student from graduating.                                                                             
                                                                                                                                
MR. REEVES  answered yes.  TAAS is  the current exam and  passage of                                                            
it is required to receive a diploma.                                                                                            
                                                                                                                                
CHAIR GREEN asked if Texas offers other graduation certificates.                                                                
                                                                                                                                
MR. REEVES  said TAAS  is a mandatory  requirement,  but there  were                                                            
other opportunities.  The  court only looked at the requirement that                                                            
the test be passed in order to receive a diploma.                                                                               
                                                                                                                                
CHAIR GREEN said  she has seen information indicating  that the TAAS                                                            
failure  rate was  about 2 percent.   Truancy  is also  very low  in                                                            
Texas because the police  are "rounding them up" because schools are                                                            
being held  accountable and teacher  reviews depend on student  test                                                            
results.                                                                                                                        
                                                                                                                                
CHAIR GREEN asked for the final verdict in the Texas decision.                                                                  
                                                                                                                                
MR.  REEVES  said the  court  upheld  the validity  of  the  diploma                                                            
requirement.                                                                                                                    
                                                                                                                                
CHAIR GREEN asked about the Florida cases.                                                                                      
                                                                                                                                
MR. REEVES  said there  are three  cases in Florida.   In the  first                                                            
case, the district court  issued a four-year injunction.  The second                                                            
case was upheld  and the court upheld  the examination in  the third                                                            
case.                                                                                                                           
                                                                                                                                
CHAIR GREEN asked if the test in Florida was mandatory.                                                                         
                                                                                                                                
MR. REEVES said yes.                                                                                                            
                                                                                                                                
CHAIR  GREEN  said she  does  not  think standards  should  ever  be                                                            
lowered  but she  wondered  if modest  requirements  for  graduation                                                            
could be  put in statute.   She  wondered if  the Texas and  Florida                                                            
cases asked the  question:  Could a student be tested  for something                                                            
more  challenging  than  what  the state  or  district  required  as                                                            
subject content?                                                                                                                
                                                                                                                                
Number 1517                                                                                                                     
                                                                                                                                
MR. REEVES  said it is clear  under Title  I and the federal  law on                                                            
special education  requirements that  there needs to be a  system of                                                            
assessments  - there cannot  be one factor  that denies a student  a                                                            
diploma.  However,  the courts have upheld the idea  that a multiple                                                            
assessment  system can  be one in  which a student  has to pass  the                                                            
exam, complete course work and meet attendance requirements.                                                                    
                                                                                                                                
CHAIR GREEN asked if a  student could be tested on something greater                                                            
than what he or she is required to learn?                                                                                       
                                                                                                                                
MR. REEVES  said the state would fail  under instructional  validity                                                            
if  it could  be  shown there  was  not an  educational  program  to                                                            
provide training for passage of the test.                                                                                       
                                                                                                                                
SENATOR WARD  asked Mr. Reeves if  he had looked at the Alaska  test                                                            
to see if it was legally defensible.                                                                                            
                                                                                                                                
MR. REEVES  said he has not done an  analysis on the Alaska  testing                                                            
program  under  the instructional  validity  program.    He has  not                                                            
looked at the  content validity, which  is what he was referring  to                                                            
when  he  said  Alaska  was  relying  upon   the  expertise  of  the                                                            
contractor and its process for putting the test together.                                                                       
                                                                                                                                
SENATOR  WARD said  he  wants to  know if  the scoring  criteria  is                                                            
legally  defensible.   He  talked with  some  of the  people on  the                                                            
committee  who  indicated  they did  not  participate  in the  final                                                            
product.  Alaskan teachers  who were on the committee have also said                                                            
this  is not their  test.   He would  like  to know if  the test  is                                                            
testing  subject matter  that has  not been taught  to all  students                                                            
and, if so,  who did this and when.   Senator Ward asked  Mr. Reeves                                                            
to look into his  questions to see if there is a problem  so that it                                                            
can be fixed.                                                                                                                   
                                                                                                                                
Number 1209                                                                                                                     
                                                                                                                                
MR. REEVES went  through other components of instructional  validity                                                            
because  this  is  where  the  greatest  potential  exposure  is  in                                                            
applying these  concepts to Alaska's  program.  The main  way Alaska                                                            
has addressed  the instructional  validity  criteria is through  the                                                            
implementation   of  a  comprehensive   testing  program   including                                                            
benchmark  examinations  at third,  sixth,  and eighth  grade.   The                                                            
benchmark exams  are designed to identify  students who are  falling                                                            
behind the  curve at a certain point.   The tests allow for  focused                                                            
instruction  and  remediation  throughout  a  student's educational                                                             
career.  The tests allow  districts to identify and correct problems                                                            
with curriculum starting  at earlier grades and they provide data to                                                            
DOEED  that  help the  department  assist  districts  in  curriculum                                                            
development.   The assessment programs depend on the  benchmark exam                                                            
process to identify  and respond to those instructional  problems on                                                            
the individual  and curriculum levels.  The tests  would also defend                                                            
a challenge to the instructional  validity of the graduation exam by                                                            
pointing to the interventions  the benchmark exams provide showing a                                                            
legitimate  educational  program.    This  leads  to  the  potential                                                            
problem based  on timing.  The benchmark  exams were first  given in                                                            
the spring  of 2000, which  means the first  sixth grade class  that                                                            
participated in  the exam graduates in 2006.  The  class of 2002 was                                                            
not involved  in the benchmark  exam process  so those students  can                                                            
legitimately  claim they did  not have specific  notice of  what the                                                            
requirements were  until the exam was given.  Timing  is the biggest                                                            
challenge in defense of the program.                                                                                            
                                                                                                                                
MR. REEVES  referred to a  resource guide  published in December  of                                                            
2000 by the Office  of Civil Rights of the United  States Department                                                            
of Education.  The article  provides an expansive discussion of high                                                            
stakes testing  across the  country and problems  that have  arisen.                                                            
There is  a common problem  in states that  attempt to use  a single                                                            
exam for  the dual purposes  of driving  curriculum development  and                                                            
holding students  accountable.   If the dual  purposes are  pursued,                                                            
inevitably,  by  design, a  gap is  created  between  what the  test                                                            
measures and what the student  has been taught.  It is only with the                                                            
result of  the first test  that the curriculum  can be developed  to                                                            
ensure the right  educational program is given.  To  accomplish both                                                            
things from  the exam, a  lag is needed between  the first  exam and                                                            
when students are held  accountable so that it can be said the state                                                            
provided students  with an educational program that  allowed them to                                                            
pass the exam.                                                                                                                  
                                                                                                                                
MR. REEVES  said  that as  far as  special education  is  concerned,                                                            
there are two federal laws  that protect students with disabilities.                                                            
The first is the  Rehabilitation Act, which requires  that any state                                                            
program that  accepts or expends federal  funds not discriminate  on                                                            
the basis of a  person's disability.  The second is  the Individuals                                                            
with Disabilities  Education Act (IDEA-97), which  has more specific                                                            
protections.   Some  of the  protections  that directly  impact  the                                                            
testing are  that children  with disabilities  must, to the  maximum                                                            
extent practical,  be included in general state assessment  programs                                                            
with appropriate  accommodations.   These cases have uniformly  held                                                            
that  the fact  a standard  is set beyond  the  capacity of  certain                                                            
children with disabilities  does, in itself, violate federal laws on                                                            
disabilities.   Essentially,  legislatures  have  the discretion  to                                                            
decide whether  to set an alternative standard.  This  does not mean                                                            
that special  education children  do not have  viable grounds  for a                                                            
challenge.    Their  challenge  would  challenge   either  the  test                                                            
validity or instructional  validity, applied only  to their specific                                                            
educational program.   The state would be required  to show that the                                                            
Individual  Education Program (IEP)  teams have the information  and                                                            
are working to provide  the best educational program to assist these                                                            
children in passing the  test. The accommodation requirement is that                                                            
as long  as the accommodation  does not affect  the validity  of the                                                            
test, for example, as long  as it is not being said that someone can                                                            
use a calculator  to calculate simply  to show calculation  ability,                                                            
the accommodation  should be  allowed.  This  issue has to  be dealt                                                            
with on a student-by-student basis.                                                                                             
                                                                                                                                
CHAIR GREEN suggested the  law that was passed was too brief and did                                                            
not  allow  enough  direction  nor did  the  interpreters  take  the                                                            
liberty of broadening  the accommodation.  CHAIR Green  asked if Mr.                                                            
Reeves could defend the test.                                                                                                   
                                                                                                                                
MR. REEVES  said he would  be ready to defend  the test today.   The                                                            
test  is not  indefensible,  but  the  timing  element needs  to  be                                                            
identified as the most difficult defensible piece.                                                                              
                                                                                                                                
SENATOR WILKEN  said regulations were  circulated having  to do with                                                            
special education  and asked if they  have something to do  with the                                                            
exit exam and, if so, what is the status of the regulations.                                                                    
                                                                                                                                
MR.  REEVES  was not  sure  which  regulations  Senator  Wilken  was                                                            
referring to.  There are  extensive regulations on special education                                                            
out for public comment  at this time.  Over the last 12 or 18 months                                                            
regulations have been advanced  regarding accommodations.  The board                                                            
through  reference to DOEED's  participation  guideline booklet  has                                                            
adopted these.   The biggest change in the participation  guidelines                                                            
for this  coming spring  testing is  that there  are audiotapes  for                                                            
students who do  not read.  These students can take  the mathematics                                                            
and writing test using an audiotape.                                                                                            
                                                                                                                                
SENATOR  WILKEN asked  what state has  done the  best with the  high                                                            
stakes test.                                                                                                                    
                                                                                                                                
MR.  REEVES  said  he  is  not the  best  person  to  ask  from  the                                                            
educational  perspective  on who has  the best testing  system.   It                                                            
does appear  from case law  that the court  was impressed by  Texas,                                                            
particularly  with the  success of  its remediation  system and  the                                                            
fact that state mandated remediation showed a gain.                                                                             
                                                                                                                                
There being no further  questions, CHAIR GREEN adjourned the meeting                                                            
at 3:05 p.m.                                                                                                                    

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