HB 156-SCHOOL ACCOUNTABILITY MEASURES; FED. LAW                                                                     
                                                                                                                                
8:06:50 AM                                                                                                                    
                                                                                                                                
CHAIR KELLER discussed  HB 156 briefly and stated it  is a viable                                                               
issue that will  be before the committee next  year, and believes                                                               
it is a worthy  cause.  He passed out a  memo from the Department                                                               
of  Education  and Early  Development  (EED)  at the  request  of                                                               
Commissioner Mike  Hanley regarding  the assessments,  and called                                                               
attention to number  four.  He stated it discusses  the fact that                                                               
assessments under the federal  Elementary and Secondary Education                                                               
Act (ESEA)  must be given  to all  students, and EED  must ensure                                                               
that it takes  place, and any local district  accepting the money                                                               
must  comply and  ascertain that  all students  are covered.   He                                                               
referred  to the  bottom  of the  page where  is  reads that  the                                                               
requirement  does  not  permit certain  students  or  a  specific                                                               
percentage of students to be  excluded from assessments.  He then                                                               
referred  to the  next  page, first  paragraph,  "The process  of                                                               
applying for  funds under  Title 1, [EED]  assured that  it would                                                               
administer  all  these rules,  roughly,  and  similarly each  SEA                                                               
[local  education agency  (school  district)]  that receives  the                                                               
money must comply.  If SEA  does not ensure that all students are                                                               
assessed, et  cetra ...  He  said he pointed it  out because it's                                                               
very clear what the federal  government wants in exchange for its                                                               
money,  but  that  does  not remove  the  responsibility  of  the                                                               
legislature of the state to  (indisc.) the natural constitutional                                                               
rights of  the parents  and the  students involved.   He  said he                                                               
expressed  it  confidently  because  if  it  were  not  true  the                                                               
requirements  would not  be attached  to strings  as they  are to                                                               
federal law, that  every student attending public  school must be                                                               
tested.   He  remarked there  is something  in between  there and                                                               
that is  the Alaska  State Constitution. (Indisc.)   He  said the                                                               
reason he  stopped is because  there is a possibility  of writing                                                               
HB  156  in such  a  manner  that  it  allows the  Department  of                                                               
Education and  Early Development (EED) to  somehow encourage that                                                               
these assessments  are taken so it  is not on the  hook, and made                                                               
reference  to the  fact that  Alaska's  parents have  fundamental                                                               
rights.  He  opined it will probably pass muster  and have a zero                                                               
fiscal note, although he questions  whether the legislature wants                                                               
to  do that  and  said he  is  struggling with  the  answer.   He                                                               
reiterated  that it  is a  viable issue  and will  be before  the                                                               
committee in HB 85, SB 89, HB 192, and HB 156.                                                                                  
                                                                                                                                
CHAIR KELLER announced HB 156 was held in committee.