HB 85-STUDENT DATA & ASSESSMENTS  9:04:58 AM CHAIR KELLER announced that next order of business would be HOUSE BILL NO. 85, "An Act relating to college and career readiness assessments for secondary students; and relating to restrictions on the collection, storage, and handling of student data." 9:05:30 AM REPRESENTATIVE VAZQUEZ moved to adopt CSHB 85, 29-LS0301\S as the working document. There being no objection Version S was before the committee. 9:06:07 AM The committee took a brief at ease. 9:06:47 AM REPRESENTATIVE LORA REINBOLD, Alaska State Legislature, referred to Article I, Section 22, of the Alaska State Constitution, which reads: The right of the people to privacy is recognized and shall not be infringed. The legislature shall implement this section. REPRESENTATIVE REINBOLD stated that Alaska's education is the most treasured resource; thus a parent's right to decide what is best for their child's education is necessary for the success of Alaskan students, and this bill allows students to opt out of statewide assessments. As the educational system merges into the Digital Age it includes assessments, and it is the legislature's duty to protect the privacy, security, and confidentiality of Alaska citizens, including student data, she remarked. She indicated that throughout the nation there has been growing public concerns regarding the collection of personal data and the breach of that data. She conveyed that HB 85 addresses the concerns by strengthening digital privacy laws and enhancing data collection transparency to parents and guardians. It also requires the State Board of Education and Early Development to make publically available an inventory and index of data elements with definitions of individual student data fields currently in the statewide longitudinal data system. She explained this legislation will require the establishment of a data security plan, ensuring compliance with federal and state privacy laws and policies, and will prohibit the sharing of personally identified information for commercial purposes. She referred to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. ยง 1232g, and stated that FERPA defines educational records personal identifiable information (PII) if it directly relates to a student, maintained by an agency or party acting for the agency. She advised the indirect identifiable information is the date of birth, mother's maiden name, et cetera, but the student's name or the name of a family member is PII. 9:10:11 AM REPRESENTATIVE REINBOLD proceeded with a brief sectional summary of HB 85, and said Section 1, requires the Department of Education and Early Development (EED) to provide an annual security report to the legislature. Also, she said, it is critical to assist in preventing lawsuits and ensure that a data policy is in place to reduce liability to the state as the legislature does not want Alaska's children exposed. She referred to Section 2, and offered that it allows school districts to provide either written or electronic copies of student records to parents, foster parents, or guardians. She explained that Section 3, prohibits the use of student data containing personally identifiable information (PII), or data pertaining to parents, teachers, or staff, for commercial purposes; and this section prohibits the release of student data to consortiums or interstate educational organizational organizations without prior consent, and prohibits schools, school districts, and the department from requesting students' social media passwords. She commented that a stay was put in place on a lawsuit in Missouri as it was making interstate compacts and found it had not been approved through Congress. Section 4, she related, adds requirements for school districts related to data security and the school districts must provide plans. She added that Section 5, defines "student data," and Section 6, requires the department to adopt procedures allowing parents to opt their children out of statewide student assessments. She said there is an opportunity for parents to opt out, on page 112 in the district's manual, using code 999, and it is called "Refuse the Test," but many parents are using the word "opt out" and the district will not accept it. She referred to Section 7, which requires the State Board of Education and Early Development to adopt policies and procedures related to data privacy. She stated that Section 8, repeals AS 14.03075(a),(b),(c), (e)(1), and AS 14.03.078(a), which relate to college and career readiness assessments, SAT and ACT, and to annual reports by the department. She noted there a $525,000 figure, included in Governor Bill Walker's FY2016 request, depicted on the fiscal note, but opined it has always been the parents' responsibility to pay for those tests. 9:15:42 AM CHAIR KELLER referred to Sec. 3, "prohibits release of student data to consortiums here in the state ... educational organization without prior consent, and asked the consent of what." REPRESENTATIVE REINBOLD advised the person identified in the personal identifiable information would have to offer a release. 9:16:13 AM REPRESENTATIVE SEATON referred to Sec. 8, repealing SAT and ACT and asked whether it is also repealing the WorkKeys requirement in grade 11. REPRESENTATIVE REINBOLD responded that the bill is not intended to repeal WorkKeys and if it does, it should be amended. 9:16:43 AM REPRESENTATIVE DRUMMOND referred to an undated letter from Dr. Susan Henrichs, Provost and Executive Vice Chancellor for Academic Affairs, University of Alaska Fairbanks contained within committee packets, and said it expresses concerns that "the University teacher education programs demonstrate that the teachers they have prepared are effective. That must be done by measuring student learning in the classes that the graduates teach. If no data about K-12 student learning are available to UA, that will be impossible." REPRESENTATIVE REINBOLD advised she has another letter regarding concerns about the accreditation issues with the UAF in order to have this information. She indicated the letter is from Steve Chepko, Senior Vice President, Council for Accreditation of School Educators (CAEP) specifically addressing the concerns of Provost Henrichs, and advised the letter will be made available to the committee. She said, "they assured that the digital privacy for K-12 data didn't [sic] any way jeopardize UA's accreditation. She indicated that only high level data would be used and it never requires the release of individual student data. In fact, they don't even want that data, they stated. Furthermore, the state ... the states that did not allow for aggregated data to be released still were able to show efficacy of students' performance without the aggregated data." She related that she specifically requested information regarding Section 4.1 from Provost Henrichs, and Steve Chepko stated that "actually the K-12 data in individual [indisc.] data in individual, each candidate is required for accreditation at all. And they said they would be ... from Tiffany Erickson ... that they're willing to do an official statement in regards to this issue." CHAIR KELLER opened public testimony. 9:19:44 AM LANCE ROBERTS said he is on the Fairbanks Borough Assembly, is representing himself, and also reporting various viewpoints from the public. He offered support for protecting the privacy of the data and allowing parents to opt out. Parents have advised him that they may put their children into private home schooling as opposed to the public school system so they don't have to deal with the information they are required to offer. He remarked that federal overreach is fought on many levels, such as land and resources, and it is "sad" to see Alaska "bow down" to federal overreach in the area of education. He described the federal government as performing poorly in the area of education and since the federal government has gotten involved, education has gotten worse. He said, "EED, and I want you guys to remember this, that last year you told them not to do anything implementing costs for which is what our state standards are." He advised that Fairbanks has a textbook that reads "Common Core" on its face. He pointed out that EED has not been acting in the best interest of the parents who are primarily responsible for the education of their children. Protecting parental rights is a primary responsibility, he related, and the constitutional right to privacy, "the legislature is the one that implements that right to privacy." He indicated it is important legislators support CSHB 85, and other measures designed to protect the privacy of the students and parents, and their ability to direct the education and assessment of their children. 9:22:41 AM MARGRET MULLINS [Technical difficulties] stressed that privacy issues have come to the fore based upon the invasive common core practices, and opined that the thrust of the common core testing includes unlawful questions. Therefore, she related, the students' ability to learn results in an empty skill set, while providing data that supports/clarifies lack of response to specific curriculum. She said that in the event a student disregards the indoctrination information that is presented, the teachers are held responsible and acquainted this to Nazi Germany methods of funneling information through teachers. She noted that Bill Gates has funded the Common Core movement, but his children are not subject to the same standard as they attend a private school. She conveyed that the indoctrination program is serious and eliminates critical and independent thinking, and the commonality is the low denominator used, and privacy is important to protect. 9:32:16 AM BARBARA HANEY said that the data on Alaska's students is at an indeterminate state. Although, she remarked, EED has assured everyone that the data is not shared, except the testimony of the Alaska Commission on Postsecondary Education (ACPE) of 2/9/15 indicated it obtains the information it needs and retains it in a personally identifiable form, even though it is separate from the [indisc.] system, it does retain it so it can link the information in future years. She described a problem in that Alaskans do not know what is included in that data as there is not a clear policy. During the 2/20/15 hearing, ACPE said it has policy in progress, but no policy has been established. She remarked ACPE also indicated there was an opportunity for them to join the Western Interstate Commission for Higher Education (WICHE) P-20W of which five states currently participate, and WICHE was heavily involved in the grant for Alaska's P-20W system. Also, a State Authorization Reciprocity Agreement (SARA) exists which is a portal of concern for data mining. She said that in addition to the WICHE P-20W, the state is involved in SARA and apparently there was a WICHE and a Midwest Higher Education Commission P-20W with 16 states, and ACPE in Alaska is listed as a portal. She is unsure whether any of Alaska's data has been entered into it currently, but Alaska is on their map as a participating state and whether any House Education Standing Committee member is aware of its existence. She referred to Provost Henrichs' concerns about the data privacy bill and assured the committee that the accreditation agency will not deny accreditation. She advised that Kansas, with a tougher bill than CSHB 85, doesn't allow sharing of aggregated data, and yet its schools have accreditation from CAEP. CHAIR KELLER asked whether the SARA agreement can be researched through the Alaska Commission on Postsecondary Education (ACPE). MS. HANEY opined that the House Education Standing Committee should ask ACPE to testify or submit written questions. In addition, she remarked, the committee may want to consider testimony from David Bodnick from WICHE, as apparently the Gates Foundation is funding "a good chunk of this stuff." 9:37:59 AM TANYA HALLIDAY testified in support of CSHB 85 and stated that one of her children took the AMP test even though she sent a "request for him that specifically said I refuse testing for my child in all four sections of the Alaska Measures of Progress and they still made him take that test." She related that on the Alaska Measures of Progress (AMP) website they're intending to use the AMP scores used in educator evaluations, and she has concerns regarding her family's right to privacy. She suggested the committee review last year's testimony from the Kansas State Legislature, Representative Ron Highland. She mentioned an on- line article citing national issues with OASIS metadata and the P-20W. She advised she has an issue with EED in that it has a student data reporting manual and is concerned with all the advances in technology required being updated. MS. HALLIDAY, in response to Chair Keller, advised the "Data Reporting Manual, a Handbook for the State of Alaska," found online. 9:42:00 AM TARYN LUSKLEET said she is testifying for herself with children in the Interior Distance Education of Alaska (IDEA) program and is concerned about the advent of data bases being connected to the test results. She conveyed that data security issues abound greatly, especially in light of ACPE's testimony, on 2/9/15 and 2/20/15, regarding its plans for student data. According to that testimony, she related, it plans to track the student from Pre-K continuing throughout their workforce years, during their adult life as it will check in on an individuals to track their success and progress at regular, ongoing intervals throughout adulthood. She said ACPE's also stated that the Alaska P-20W database will include the standards-based tests mandated by ESEA, the AMP in Alaska, as well as home school data, and that data will go across state lines. She referred to page 96, of the "SSSS (indisc.) Report for Phase 2, lists the project entitled "Data Mart," and questioned who the stakeholders were. She related that parents are concerned, in light of the Family Educational Rights and Privacy Act (FERPA) having been gutted by U.S. Secretary of Education Arne Duncan in December 2011, effective January 2012. The Electronic Privacy Information Center (EPIC) sued the U.S. Department of Education over that very issue. The constant reassurance she sees in grant documents in various state websites reference FERPA as some kind of reassurance are no reassurance any more. It doesn't require parental or student consent for sharing personally identifiable information as it only recommends it as a best practice and that is not enforceable. She advised that the date coincides with when the federal government approached the states about setting up the Statewide Longitudinal Data System (SLDS) and their own (indisc.) initiative for the granddaddy of all those databases. 9:45:20 AM MS. LUSKLEET continued that given ACPE's testimony and her review of the grant, she is completely uncomfortable with her children participating in that system and many parents question whether enrollment in a public school system is a good idea. Alaska Standards are coded with exactly the same electronic codes as the Common Core Standards. Ms. Luskleet referred to Commissioner Mike Hanley's correspondence with DigitalChalk Single Sign-on (DCSSO), and with Patrick Rooney, United States Department of Education, which confirms that the final edition of the Alaska Standards "align very closely to the Common Core." She noted she has seen the list of exactly where they differ, it is 10 pages long where Alaska Standards and Common Core Standards is where the electronic codes differ. She explained that these codes garner information regarding exactly how a student performed on each standard. She offered a web site regarding the globally unique made for the use of computers by the federal government. CHAIR KELLER commented that testing is an important part of the common core initiative. MS. LUSKLEET reiterated that it all ties together because the AMP standards have the same electronic core and the information going into the databases is not just the overall test score as in the past. She said her concern is who has access to the databases knowing precisely how Alaska's children are thinking about each one of the verbs inside the standards which allows a person to access to a huge glimpse into a student's brain. 9:49:37 AM ANN BILLS said she is representing her family in asking the committee to support CSHB 85. She echoed the sentiments of the previous witnesses. CHAIR KELLER announced CSHB 85 was held in committee. 9:51:27 AM