HB 5-CONSTITUTIONAL HISTORY CURRICULUM  8:31:33 AM CHAIR DICK announced that the next order of business would be HOUSE BILL NO. 5, "An Act requiring a standardized statewide history of American constitutionalism curriculum and a secondary school history of American constitutionalism examination in public schools in the state; and providing for an effective date." 8:31:47 AM REPRESENTATIVE SEATON moved to adopt the committee substitute (CS) for HB 5, labeled Version 27-LS0018\D, Mischel, 2/1011, as the working draft. There being no objection, Version D was before the committee. 8:32:16 AM REPRESENTATIVE WES KELLER, Alaska State Legislature, reviewed HB 5, which he originally presented to the committee on 2/9/11, proposing American Constitutionalism as a required course in all high schools; spanning the development of governmental documents adopted between 1776 and 1791. He noted that in 1993, the standards established to teach government classes, in Alaskan schools, included this time period. The CS redesigns the bill to remove the $1.75 million dollar fiscal responsibility from the Department of Education and Early Development (EED), and transfers it to the individual school districts. He acknowledged that the school districts may testify against this bill, and appealed to the committee to raise the bar for education on this topic. A mandate should be instituted, for teaching a one half credit course on American Constitutionalism, and requiring students pass it in order to graduate. He conceded that many districts may already be in compliance with this action. 8:39:19 AM REPRESENTATIVE P. WILSON asked whether this information could be integrated into an existing course of study, or if the bill requires it to be a stand-alone class. REPRESENTATIVE KELLER stated his belief that currently there are no credit requirements for high school history. The content standards are in place, however, and American Constitutionalism could be incorporated, or expanded, into the existing curriculum. Additionally, internet access exists for obtaining American Constitutionalism information, which would not require funding. 8:40:43 AM REPRESENTATIVE SEATON referred to the bill page 2, lines 26-28, and asked: Isn't this really adopting a second high school qualifying examination. ... [The bill reads] [(b)] a district may not issue a secondary school diploma to a student who does not successfully complete the course and examination in this section. REPRESENTATIVE KELLER responded: A high school qualifying exam is for state standards, for what we expect our students to know broadly in the state; where this standard would be set by each particular district. ... It is not one that is a common state standard. It is a requirement that they have to pass a test that demonstrates their capability according to the standards of the school district. 8:41:49 AM REPRESENTATIVE SEATON requested an opportunity to discuss specific points with the sponsor, outside of the committee, because the intent is clear but not the structure. REPRESENTATIVE KELLER emphasized that the proficiency of the students would need to be tested. 8:43:06 AM REPRESENTATIVE P. WILSON noted that the bill makes a course requirement for graduation, and questioned why the test would not need to be standardized throughout the state. REPRESENTATIVE KELLER said that requesting EED to provide state standards would cost $1.5 million; hence the CS eliminates that requirement and allows districts to establish proficiency standards and appropriate testing. He pointed out that there is not a penalty for a school district's non-compliance. REPRESENTATIVE P. WILSON argued that a penalty does exist in disallowing graduation to the students of a non-compliant district. REPRESENTATIVE KELLER agreed and said a district could make that choice. He said: I would ask the committee to keep in mind that this bill directs the requirement for testing on the districts; it is not a statewide standard. 8:46:07 AM REPRESENTATIVE P. WILSON referred to the bill, page 2, lines 26- 28, and paraphrased from the language, which read [original punctuation provided]: (b) A district may not issue a secondary school diploma to a student who does not successfully complete the course and examination described in (a) of this section. A school district may not grant a waiver of this requirement. 8:46:50 AM REPRESENTATIVE KELLER concurred and identified the issue to be which entity has the authority to deny graduation. Authority should rest with the school district, not the state, he said, and, if not, the bill will need to be revised appropriately. 8:47:47 AM BRUCE JOHNSON, Executive Director, Alaska Council of School Administrators (ACSA), stated opposition to HB 5, and questioned whether the credit concept, for this course of study, should be a requirement. A semester course is calculated in hours of study to be complied with by a student. Seat time is becoming a variable, in today's classroom as it shifts away from the Carnegie unit standard and students are allowed to challenge courses. The standards that the bill sets out are good, and the content should be taken seriously. However, when testing is mandated, the requirement becomes complicated; consideration must be given to special education students and English learners, for instance. Relative to other very important pieces that the ACSA is considering, it would be hard to include, and prioritize, this type of mandate on the plate. He reported his understanding that high school requirements include a half credit of American Government, and three credits of social studies, of which a one half credit course must be Alaskan history. The remaining two and one half credits are electives of district offerings. He said, "I can't imagine a school district leaving out American Government and civics." However, another mandate would not be productive, he opined. The national and state standards movement, which swept American schools twelve years ago, is now being recognized as a difficult process, and questioned. The importance of individual student needs is being realized and becoming a focal point, at the district level. He finished stating that this bill is not necessary, and will require funding or redirection of money, as well as drawing down existing resources. 8:52:50 AM REPRESENTATIVE FEIGE asked, "A mandate that you teach a course in American Constitutionalism, what is it taking away from." MR. JOHNSON stated that it may vary between districts depending on reprioritization, but local control would be important and supported by ACSA. REPRESENTATIVE FEIGE queried whether it is important for graduates to understand the foundation and fundamentals of the U.S. government. MR. JOHNSON said absolutely. REPRESENTATIVE FEIGE asked whether it is already being taught. MR. JOHNSON responded that it may not be taught as outlined in the CS, in every district; however, the vast majority of schools spend class time teaching the underpinnings of U.S. democracy. REPRESENTATIVE FEIGE suggested that it's a non issue if it's being taught. MR. JOHNSON indicated that the material may not be brought as a one semester course, as required by the CS. He provided examples of how government concepts are taught and tested. 8:55:52 AM REPRESENTATIVE SEATON maintained that the CS, in making this course a requirement for graduation but not including it in the structure of the current high school graduation qualifying exam, represents an additional graduation test, and asked for comment. MR. JOHNSON speculated that perhaps it could be given as an end of course test, with opportunities to challenge the exam until graduation; perhaps longer if it represents a barrier to receiving a high school diploma. The high stakes issues would need to be regulated. 8:58:24 AM CHAIR DICK opined that the stakes may be high if people lose, or have not learned, the fundamentals of the government of the country where they live, including those for whom English is a second language. The constitution provides a basic understanding of government rules. He stressed that mandates are not a welcome factor, but the best proof that this bill isn't necessary would be to show how the students are currently receiving and understanding the constitution. He suggested that many people might consider that individual rights are provided by the government, not the creator, which is contrary to what is stated in the constitution. Where a citizen's rights originate, and how the United States is run, may be missing in classrooms, hence the necessity for the introduction of HB 5. 9:00:15 AM REPRESENTATIVE FEIGE noted that the required class is stipulated to be taught in twelfth grade, and suggested eliminating that language to allow flexibility. MR. JOHNSON said that in many of the rural facilities, high school classes are populated by students from every upper grade level. He agreed that this class should not be delayed, or restricted, to the final year. 9:02:47 AM REPRESENTATIVE P. WILSON recalled having this course work taught in eighth grade, and agreed that it should not be delayed to the twelfth grade but determined by the district. Further, she expressed concern for making the class a requirement for graduation, and said it makes it difficult to support the bill. 9:05:17 AM REPRESENTATIVE FEIGE offered to propose an amendment. 9:05:35 AM The committee took an at-ease from 9:05 a.m. to 9:06 a.m. 9:06:36 AM CARL ROSE, Executive Director, Association of Alaska School Boards (AASB), stated opposition to HB 5, and said AASB opposes unfunded mandates. He reported that he served on a citizen's advisory task force to create civics education policy, in recent years. Every citizen has a responsibility to understand the U.S. Constitution and all that it represents, and how it relates to the state constitution, and down to the community level. He said civics is being taught, beginning in 8th grade. The intent of the bill is already being accomplished, he opined, and acknowledged that the bill sponsor is seeking evidence of that teaching. However, this bill represents a financial burden, and the zero fiscal note means that it will need to be redirected from the foundation formula receipts by each district. 9:13:04 AM STEWART THOMPSON stated support for HB 5, paraphrasing from a prepared statement, which read as follows [original punctuation provided]: The need for statutory restraint against sabotage of comprehension of citizenship and our form of government is illustrated by this quote from the Mat- Su School Board Nov. 3rd, 2010 Meeting minutes: "Currently there are no sections of Civics being taught in the Mat-Su Borough School District. Elements of Civics are embedded in 8th grade US Studies; 11th grade US History; and 12th grade Government." This scarcity of educational opportunity naturally retards development of competent citizenship while more often developing the lazy irresponsibility of political apathy. How can this be and be tolerated by adults who allegedly mean their Pledge of Allegiance? Thomas Paine, in his Rights of Man, suggests: "Reason and ignorance, the opposite of each other, influence the bulk of mankind. If either of these can be rendered sufficiently extensive, the machinery of government goes easily on. Reason obeys itself and (my emphasis) Ignorance submits to whatever is dictated to it." Symptomatic of the decline of general comprehension of civics and citizenship is our grossly low voter participation - and its justifying whine "politicians do whatever they want no matter what I say or do." That is the correct mindset for being subject to elected aristocracy and, if you add an addiction to government protection from the trials of living itself, outright serfdom. That true political power does lie with the People acting together has just been illustrated in Egypt. Current public education produces Americans who believe such defense of inalienable rights results from manipulation by America's enemies. This is while often believing government officials are there to make the hard, often secret, decisions for everyone. I'm serious! I recommend three things: 1) Pass this bill with more specifically named references. 2) Have legislators themselves set a good example by openly attending public school civics classes to refresh THEIR comprehension of government fundamentals. 3) The ultimate test of education is application. Encourage gradient application of our political heritage by the young people themselves, as they naturally discover the necessity for self-governing their student society to make their education successful. Dictatorial control by an aristocracy of indoctrinating adults currently makes the public school experience a hypocritical attack on the very political heritage we're constitutionally charged to pass on. My testimony is perhaps inadequate to express the urgency of truly arming our youth against the enemies of rational government and human civilization. Consider another Thomas Paine quote instead: "An army of principles will penetrate where an army of soldiers cannot. It will succeed where diplomatic management would fail. It is neither the Rhine, the Channel, nor the Ocean that can arrest progress. It will march on the horizon of the world and it will conquer." 9:16:52 AM The committee took an at-ease from 9:16 a.m. to 9:17 a.m. 9:17:30 AM CHAIR DICK announced that the bill would be held, and public testimony would remain open.