Legislature(2005 - 2006)BUTROVICH 205

01/18/2006 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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Audio Topic
01:25:13 PM Start
01:35:32 PM Overview: Updated Regulations for the No Child Left Behind Act
02:26:29 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: No Child Left Behind Act Update TELECONFERENCED
U.S. Department of Education
                    ALASKA STATE LEGISLATURE                                                                                  
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
                        January 18, 2006                                                                                        
                           1:25 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Fred Dyson, Chair                                                                                                       
Senator Lyda Green                                                                                                              
Senator Kim Elton                                                                                                               
Senator Donny Olson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gary Wilken, Vice Chair                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Overview:  No Child Left Behind Update                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
Donna Foxley, Region 10 Representative                                                                                          
United States Department of Education (USDOE)                                                                                   
400 Maryland Avenue SW                                                                                                          
Washington, D.C.  20202                                                                                                         
POSITION   STATEMENT:     Presented   an   overview  on   updated                                                             
regulations for the No Child Left Behind Act.                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR FRED DYSON  called the Senate Health,  Education and Social                                                             
Services Committee meeting to order  at 1:25:13 PM.  Present were                                                             
Senators Kim  Elton, Donny Olson  and Chair Fred Dyson.   Senator                                                               
Lyda Green arrived during the course of the meeting.                                                                            
                                                                                                                                
                                                                                                                                
^Overview: Updated Regulations for the No Child Left Behind Act                                                             
                                                                                                                                
CHAIR  DYSON announced  that the  committee would  hear from  the                                                               
U.S.  Department of  Education (USDOE)  for an  update on  the No                                                               
Child Left Behind  Act (NCLBA).  He invited Donna  Foxley to come                                                               
forward.                                                                                                                        
                                                                                                                                
DONNA FOXLEY, Region 10  Representative, United States Department                                                               
of  Education,  began  by discussing  how  the  requirements  for                                                               
highly qualified  teachers specified within the  NCLBA pertain to                                                               
Alaska.   While Alaska faces challenges  in this area due  to its                                                               
geographic situation, the USDOE  believes these challenges can be                                                               
met with innovative solutions such  as using satellite technology                                                               
and videotapes to provide lessons  from highly qualified teachers                                                               
to rural areas.                                                                                                                 
                                                                                                                                
SENATOR LYDA GREEN arrived at 1:35:32 PM.                                                                                     
                                                                                                                                
MS. FOXLEY discussed the USDOE's  implementation of the 2 percent                                                               
special needs assessment policy.   She said this policy increases                                                               
the proportion  of students  for which  districts are  allowed to                                                               
apply modified achievement standards from  1 percent to 2 percent                                                               
of their overall student population.   She added that this policy                                                               
includes criteria intended to  protect students with disabilities                                                               
from being inappropriately assessed.                                                                                            
                                                                                                                                
1:44:26 PM                                                                                                                    
                                                                                                                                
MS.  FOXLEY said  the USDOE  plans to  release draft  regulations                                                               
governing  the  2  percent special  needs  assessment  policy  on                                                               
December 15  [2006], after which time  state representatives will                                                               
have 75 days to comment on them.                                                                                                
                                                                                                                                
MS. FOXLEY discussed the USDOE's  authorization of pilot programs                                                               
for the  use of growth models  as an alternative to  the existing                                                               
performance measures  required under the  NCLBA.  She  said under                                                               
these models,  individual students  would be  evaluated according                                                               
to improvements  in their own  levels of proficiency.   She added                                                               
that the  standards of  accountability of  the NCLBA  will remain                                                               
the same  for states adopting  these models, but they  will allow                                                               
more flexibility in meeting these standards.                                                                                    
                                                                                                                                
She said  the USDOE has  issued authorization for  pilot programs                                                               
for ten  states and will  consider similar applications  from any                                                               
other  state.   She  added that  while it  is  interested in  the                                                               
results  of these  programs, it  is only  authorizing the  use of                                                               
growth  models as  an experiment  and cannot  ensure that  states                                                               
will be able  to use them as a permanent  alternative to existing                                                               
performance measures.                                                                                                           
                                                                                                                                
1:50:33 PM                                                                                                                    
                                                                                                                                
MS. FOXLEY  said the secretary  of the USDOE formed  a commission                                                               
with  the  goal  of  making  the  higher  education  system  more                                                               
relevant to the nation's need  for a competitive workforce in the                                                               
21st century.   She said this goal is  particularly important for                                                               
Alaska because its  workforce is not prepared to  develop some of                                                               
the economic  opportunities, such as  the gas pipeline,  that may                                                               
exist in the 21st century.                                                                                                      
                                                                                                                                
She  said the  USDOE  will  soon have  an  open-forum hearing  in                                                               
Seattle and  encouraged Alaskans  with a  vested interest  in the                                                               
future  of  K-12   education  to  participate.     She  said  the                                                               
department   is    particularly   interested   in    input   from                                                               
representatives  of community  colleges and  vocational/technical                                                               
schools, since  they are  expected to play  an important  role in                                                               
the development of a competitive workforce.                                                                                     
                                                                                                                                
1:56:56 PM                                                                                                                    
                                                                                                                                
MS. FOXLEY  said the  USDOE recently  established The  Center for                                                               
Rural Education, headed by William  L. Smith, former commissioner                                                               
of the USDOE.  The USDOE  is concerned with the challenges facing                                                               
rural education,  since 42  percent of  the nation's  schools are                                                               
located in  rural communities or  small towns.  She  said several                                                               
states are interested in how  Alaska is addressing the challenges                                                               
facing its rural school districts.                                                                                              
                                                                                                                                
1:59:00 PM                                                                                                                    
                                                                                                                                
CHAIR DYSON asked how Alaskans could get involved.                                                                              
                                                                                                                                
MS.  FOXLEY suggested  that  interested  parties contact  William                                                               
Smith  or  Bento Gonzales,  Acting  Assistant  Secretary for  the                                                               
USDOE's Office  of Vocational and  Adult Education.   She offered                                                               
to forward additional comments to the USDOE.                                                                                    
                                                                                                                                
2:01:18 PM                                                                                                                    
                                                                                                                                
SENATOR KIM ELTON asked if the  2 percent cap refers to 2 percent                                                               
of all  students within a district  or 2 percent of  the students                                                               
with disabilities in a district.                                                                                                
                                                                                                                                
MS.  FOXLY replied  that it  refers to  2 percent  of the  entire                                                               
student population within a district.                                                                                           
                                                                                                                                
SENATOR  ELTON  said  that,  in  his  experience,  students  with                                                               
disabilities  make up  far more  than  2 percent  of the  general                                                               
student  population.   He expressed  concern  about limiting  the                                                               
number  of  students  with   disabilities  that  receive  special                                                               
consideration when their progress is evaluated.                                                                                 
                                                                                                                                
MS.  FOXLEY replied  that the  alternative  assessment method  is                                                               
meant  to  be  applied  to students  with  significant  cognitive                                                               
limitations, and these students represent  a small portion of the                                                               
total student population with disabilities.                                                                                     
                                                                                                                                
2:06:58 PM                                                                                                                    
                                                                                                                                
SENATOR ELTON expressed  his concern over the  costs that Alaskan                                                               
school districts will face in  attempting to fulfill the mandates                                                               
of the  NCLBA.  He said  while the challenges presented  by rural                                                               
school districts may well be  overcome through creative solutions                                                               
such  as the  use of  satellite technology,  there will  be costs                                                               
associated with these solutions.  He  said he is worried that the                                                               
USDOE  may not  assist Alaska  with the  implementation of  these                                                               
solutions because  of a concern  that it will cause  other states                                                               
with rural school districts to request additional funding.                                                                      
                                                                                                                                
MS. FOXLEY replied that although  the state may incur costs while                                                               
fulfilling  the  mandates  of the  NCLBA,  its  requirements  are                                                               
similar to those  of the 1996 Elementary  and Secondary Education                                                               
ACT  (ESEA),  with   the  key  difference  that   they  are  more                                                               
enforceable.   She said when  considering the costs  of achieving                                                               
NCLBA  standards,  one should  also  consider  the costs  of  not                                                               
achieving  them,  such as  limiting  a  child's potential  simply                                                               
because he or she lives in a rural area.                                                                                        
                                                                                                                                
SENATOR ELTON  remarked, "Quite frankly,  I am thinking  that the                                                               
Utah solution may be the best  way to go because a federal recipe                                                               
that  you try  to apply  universally ends  up hurting  Alaska for                                                               
reasons that you have already spoken to."                                                                                       
                                                                                                                                
MS. FOXLEY  replied that  Alaska had its  own standards  in place                                                               
before the NCLBA  and, if anything, the Act  has strengthened the                                                               
state's ability to meet those  standards by bringing more federal                                                               
money into the state.                                                                                                           
                                                                                                                                
SENATOR  ELTON  expressed  frustration  that  the  NCLBA  imposes                                                               
general regulations that are  sometimes impractical and expensive                                                               
for Alaska,  while preventing  districts, municipalities  and the                                                               
state government  from making independent  decisions that  may be                                                               
more sensible.                                                                                                                  
                                                                                                                                
MS. FOXLEY  replied that while  she respects those  concerns, the                                                               
NCLBA was passed by Congress, and it  is the duty of the USDOE to                                                               
enforce  it.   She said  states are  able to  define some  of the                                                               
terms within the  requirements of the NCLBA.   For example, while                                                               
the Act requires highly qualified  teachers, the states determine                                                               
what constitutes a highly qualified teacher.                                                                                    
                                                                                                                                
2:17:25 PM                                                                                                                    
                                                                                                                                
SENATOR  ELTON said,  with  regard to  the  Commission on  Higher                                                               
Education,  he   does  not  understand  what   role  the  federal                                                               
government has  in directing post-K-12 institutions  and students                                                               
on how  to best prepare themselves  to compete in the  new global                                                               
economy.   He said it seems  the goal of competitiveness  will be                                                               
best achieved  if these  decisions are  left to  the institutions                                                               
and their students.                                                                                                             
                                                                                                                                
MS.  FOXLEY replied  that  over  80 percent  of  the funding  for                                                               
public  universities  and  community   colleges  comes  from  the                                                               
federal  government; given  the growing  concern of  the business                                                               
community that  graduates are  unprepared for  their jobs,  it is                                                               
concerned and  wants to  ensure that  its educational  funding is                                                               
advancing its goal of creating a competitive workforce.                                                                         
                                                                                                                                
She added  that globalization has  presented an  urgent challenge                                                               
to the educational  system, and that the goal of  the USDOE is to                                                               
create a dialogue  among parties with an interest  in the welfare                                                               
of the educational system to best coordinate their efforts.                                                                     
                                                                                                                                
2:25:15 PM                                                                                                                    
                                                                                                                                
CHAIR  DYSON  thanked  Ms.  Foxley  for  her  presentation.    He                                                               
adjourned  the  Senate  Health,  Education  and  Social  Services                                                               
Standing Committee meeting at 2:26:29 PM.                                                                                     
                                                                                                                                

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