ALASKA STATE LEGISLATURE
HOUSE EDUCATION STANDING COMMITTEE
February 8, 2016
8:04 a.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Liz Vazquez, Vice Chair
Representative Jim Colver
Representative Paul Seaton
Representative David Talerico
Representative Harriet Drummond
Representative Jonathan Kreiss-Tomkins
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 264
"An Act relating to repayment of Alaska performance scholarships
and Alaska education grants."
- HEARD & HELD
HOUSE BILL NO. 157
"An Act relating to language immersion charter schools; relating
to teacher certification; and relating to standards-based
assessments in language immersion charter schools and language
immersion programs."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 264
SHORT TITLE: REPAYMENT OF SCHOLARSHIPS & ED. GRANTS
SPONSOR(s): REPRESENTATIVE(s) WILSON
01/20/16 (H) READ THE FIRST TIME - REFERRALS
01/20/16 (H) EDC, FIN
02/08/16 (H) EDC AT 8:00 AM CAPITOL 106
BILL: HB 157
SHORT TITLE: LANG. IMMERSION SCHOOLS/TEACHER CERTS.
SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS
03/20/15 (H) READ THE FIRST TIME - REFERRALS
03/20/15 (H) EDC, FIN
02/01/16 (H) EDC AT 8:00 AM CAPITOL 106
02/01/16 (H) Heard & Held
02/01/16 (H) MINUTE (EDC)
02/08/16 (H) EDC AT 8:00 AM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE TAMMIE WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 264, as sponsor.
DIANE BARRANS, Executive Director
Commission on Postsecondary Education
Department of Education and Early Development (EED)
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 264, and
responded to questions.
REID MAGDANZ, Staff
Representative Jonathan Kreiss-Tomkins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Responded to questions regarding the
sectional analysis for HB 157.
JENNIFER HUTCHINS, Principal
Fronteras Spanish Immersion Charter School
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 157, and
responded to questions.
SUSAN SCHMIDT
Recruiting and Operations
Anchorage School District (ASD)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 157.
DR. BARBARA AMAROK, PhD
Nome, Alaska
POSITION STATEMENT: Testified in support of HB 157.
SHAWN ARNOLD, Superintendent
Nome Public Schools
Nome, Alaska
POSITION STATEMENT: Testified in support of HB 157.
LES MORSE, Deputy Commissioner
Department of Education and Early Development (EED)
Juneau, Alaska
POSITION STATEMENT: Testified with concern for HB 157
KEVIN ALLEN, Student Representative
Thunder Mountain High School
Douglas, Alaska
POSITION STATEMENT: Testified in support of HB 157.
ACTION NARRATIVE
8:04:20 AM
CHAIR WES KELLER called the House Education Standing Committee
meeting to order at 8:04 a.m. Representatives Keller, Kreiss-
Tomkins, Seaton, Drummond, Vazquez, Colver, and Talerico were
present at the call to order.
HB 264-REPAYMENT OF SCHOLARSHIPS & ED. GRANTS
8:04:44 AM
CHAIR KELLER announced that the first order of business would be
HOUSE BILL NO. 264, "An Act relating to repayment of Alaska
performance scholarships and Alaska education grants."
8:05:07 AM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature,
presented HB 264, paraphrasing from the sponsor statement, which
read [original punctuation provided]:
This bill would require Alaskans who received funds
from the Alaska Performance Scholarship award or the
Alaska Education Grant to repay the amount of the
grant or scholarship they were awarded if they fail to
complete the qualified postsecondary education program
within 6 years.
Terms and conditions of repayment are laid out in AS
14.43.120, except the interest would begin on the date
when the obligation for repayment commences.
With the Alaska Performance Scholarship award or the
Alaska Education Grant, an opportunity has been given
to a student by the State of Alaska to help off-set
educational costs; however, with this opportunity
comes an obligation of completing the qualified degree
and/or certification.
8:06:19 AM
REPRESENTATIVE SEATON recalled that the Alaska Performance
Scholarship (APS) was intended to encourage students to pursue a
rigorous course of high school education, and be the reward for
those who applied themselves to the challenge. A further
benefit would be in having students enter a postsecondary
facility prepared and eliminate the need for remedial classes.
It appears that HB 264 removes the reward aspect and ties the
scholarship to a student's college performance, he opined.
REPRESENTATIVE WILSON stated her understanding that the
scholarship was created to be two-fold. She agreed with the
intent for having it incentivize a student's rigorous high
school performance, and eliminate the need for college level
remediation. Additionally, she said, the issue that jobs
continue to go to people from out-of-state, is a part of the
equation; ensuring an in-state trained workforce. The proposed
legislation is not a disincentive but it does require students
to have skin in the game, and for a student who finishes a
course of study, nothing changes. She pointed out that a
student would only be paying money back, following the six year
completion window, and no interest would have accrued during
that period.
REPRESENTATIVE SEATON requested transcripts of the new criteria
indicating how the bill aligns with the goals of the APS.
8:09:35 AM
REPRESENTATIVE COLVER noted that the fiscal note requires two
full time employees (FTE) positions to be filled, and asked for
justification. Further, he solicited the sponsor's comments on
the frugalness at the Alaska Postsecondary Education Commission,
in regards to staff.
REPRESENTATIVE WILSON responded that the fiscal note appears
daunting, with 99 FTE's already in place and a request for more.
It also includes $800,000 to make changes to the computer
system, which will be questioned, she said.
8:10:51 AM
REPRESENTATIVE COLVER espoused how state entities that are off-
budget, or self-funded, can grow large through lack of
oversight. The scholarship application requires the submission
of a parental federal, financial statement, although it is
supposed to be based on the student's merit. Pointing out the
existing Online Alaska School Information System (OASIS), he
questioned the requirement to submit federal financial forms,
and the requested $800,000 fiscal note to upgrade the
commission's computer system. He said he will be submitting
legislation to address the information requirement.
8:13:12 AM
REPRESENTATIVE KREISS-TOMKINS noted the possible impacts on
students in military service, or needing to care for an ailing
parent.
REPRESENTATIVE WILSON said the current rules make no exceptions,
and agreed that an extra year's grace could be considered for
members of the military.
8:14:44 AM
REPRESENTATIVE SEATON referred to HB 157, page 1, line 7, and
read:
... fails to complete the qualified postsecondary
education program in which the person is enrolled
within six years after the date of the first payment
of funds, ...
REPRESENTATIVE SEATON noted that the performance scholarship can
be activated in two ways, either via the WorkKeys program
certificate, or acceptance to a four year college. He asked how
repayment would be handled if a student initially entered
college planning to complete a bachelor's degree, but altered
course and completed a technical certificate instead.
8:16:00 AM
REPRESENTATIVE WILSON said the emphasis is for students to
finish a program.
REPRESENTATIVE SEATON clarified that a bachelor's degree student
could change direction and complete a two year certificate,
without repayment required.
REPRESENTATIVE WILSON responded yes.
8:17:02 AM
REPRESENTATIVE TALERICO referred to the fiscal note to point out
information regarding retroactivity, and asked for clarity.
REPRESENTATIVE WILSON explained that the bill is not retroactive
to scholarship recipients who are already benefiting from the
program.
8:18:00 AM
DIANE BARRANS, Executive Director, Commission on Postsecondary
Education, Alaska Department of Education, testified on HB 264,
and said the commission's comments have not been fully
formulated, nor solicited; however, the proposed legislation is
being analyzed and, several points of concern can be brought
forward. The first concern regards the possibility of having
the scholarship convert to a loan. Although repayment is not
included in the program, requirements and incentives exist in
both the scholarship and grant programs to expedite a student's
time to degree. She reported that the APS includes a minimum
number of credits, enrollment level requirements, and an earned
credit accumulation that a student must maintain in order to
continue to receive the award. If these requirements are not
upheld the award status is suspended until the student satisfies
the criteria. The grant program provides a higher amount for
the students who enroll in programs at an accelerated pace.
These students are also required to maintain good academic
standing and continue to accumulate credits towards their chosen
credential.
8:20:28 AM
MS. BARRANS offered that a more straight forward approach, to
address the amount of investment in a student that doesn't
result in a credential, would be something similar to the Texas
"Be on Time" loan. The Texas program is a straight-forward loan
and contains requirements for academic standards, including
completion of a degree within five years of initial enrolment.
The students receive the funds with the understanding that it is
a loan program, conditions may be met to have the balance
forgiven, but there is no confusion that it's a scholarship or
grant, which later converts to a loan.
8:21:08 AM
MS. BARRANS stated that, with regard to the grant program, which
targets low and middle income students, imposing the threat of
additional debt could be a disincentive for them. She opined
that the very students, who might derive the most benefit from
additional education and training, will be discouraged in their
pursuit.
8:21:28 AM
MS. BARRANS said, to the extent to which students elect not to
risk the associated repayment responsibility, and reduce their
enrollment level to accommodate the loss of financial aid,
statistically they will also reduce the likelihood of completing
their program of study. She said it appears that the
legislation unilaterally applies to APS eligible graduates who
have already earned eligibility, as well as graduates who become
eligible for awards after passage of the legislation. Making
this change mid-stream, without grandfather provisions, will
likely be seen by participants, and the parents, as an unfair,
bait-and-switch action.
8:22:54 AM
MS. BARRANS cited the possibility for administrative/technical
issues, and offered a description of a federal teach grant
program, that was initially offered specifically for teacher
education training. If the program requirement for teaching in
a qualifying school was not met, the grant converted to a
federal loan. She reported a high level of difficult in
administer the program, which required annual, conditional
reviews for each participant. Therefore, the program is no
longer utilized.
8:24:11 AM
MS. BARRANS indicated that the bill also calls for
implementation with awards paid out mid-way through the 2016-
2017 academic year. She opined that the timeline is inadequate
for making the necessary modifications to the aid management
system, promulgating regulations, developing contracts and
disclosures, and communicating the new terms to aid recipients.
The terms and conditions of the loan incorporated in the bill
refer to AS 14.43.120, she said, a statute under which loans
have not been made for over 15 years. The statute contains no
method for setting interest rates, the borrowing limits are non-
specific for the proposed application, and the forgiveness of
obligations clause for active military duty may require
clarification. Finally, the proposed bill indicates that
interest accrues only at the time that the aid converts to a
loan status; however, recipients would need to have a specific
rate quote, prior to signing an agreement for receipt of funds.
The loan terms and conditions would need to be disclosed by the
state to the students prior to the consummation of the
obligation.
8:26:50 AM
REPRESENTATIVE VAZQUEZ directed attention to the committee
packet, and the page titled, "Exhibit 7, AY14 Public High School
Graduates' In-State and Out-of-State Attendance Patterns by
Standard APS Eligibility and Award Levels, Fall 2014," and asked
for an explanation of the statistics being presented.
MS. BARRANS said the chart indicates the disbursement of the
2014 graduating class: 7,666 graduates, 2,273 in-state college
attendees, 1,205 out-of-state college attendees, and 4,188 not
found/attending. She drew attention to the third row of the
chart, to point out that the APS eligible students attended
college in-state, at a higher rate.
8:29:20 AM
CHAIR KELLER continuing with the same chart, inquired about the
55 percent, the 4,188 not found/attending, and asked whether
these students have been subject to suspension of funds.
MS. BARRANS clarified that the third line represents the
eligible APS population. Of the total eligible population, she
pointed out that 17 percent did not attend college in the autumn
of their high school graduation year. Under the terms of
existing statutes governing the APS contract, these students
have an additional five and one-half years to initiate use of
their award.
8:30:51 AM
REPRESENTATIVE SEATON noted the 48 percent eligibility level and
commented that these statistics indicate how the scholarship is
serving the purpose for which it was intended. He said the
expectation was to stimulate students to apply themselves more
rigorously in high school. That is, to not only take the basic
requirements for graduation, but go beyond those requirements
and be rewarded via APS eligibility. The chart reflects how
this merit based program is being fulfilled, and doing an
excellent job for what it was intended: raising student
achievement levels.
8:32:09 AM
MS. BARRANS clarified that the total eligibility group in 2014
was about 28 percent and, of those, 48 percent attended college
in Alaska.
REPRESENTATIVE SEATON asked if the percentages have changed over
time.
MS. BARRANS reported that the last two graduating classes have
had a slight increase, perhaps as high as 32 percent; however,
the percentage of the graduates who are eligible for the career
technical education award, has increased significantly.
8:33:22 AM
REPRESENTATIVE COLVER asked for the percentage of the overall
high school graduates who attend vocational/technical
postsecondary education, versus pursuing college degrees.
MS. BARRANS offered to provide further information, and added
that not all vocational facilities are required to file federal
reports, from which the statistics are drawn.
CHAIR KELLER said public testimony would be held open.
8:35:02 AM
REPRESENTATIVE WILSON assured the committee that the bill does
not act retroactively, and agreed that the military duty
question will require further consideration.
8:37:04 AM
CHAIR KELLER announced HB 264 was held over.
HB 157-LANG. IMMERSION SCHOOLS/TEACHER CERTS.
8:37:17 AM
CHAIR KELLER announced that the final order of business would be
HOUSE BILL NO. 157, "An Act relating to language immersion
charter schools; relating to teacher certification; and relating
to standards-based assessments in language immersion charter
schools and language immersion programs."
8:39:00 AM
REPRESENTATIVE KREISS-TOMKINS said the information from the
previous hearing was incorporated into a new committee
substitute and every section of the bill has been revised. The
goal of the bill is to encourage and streamline immersion
schools in Alaska.
8:41:49 AM
CHAIR KELLER noted that the legislation appears to create a
particular type of charter school model that is new to the state
and establish new educational policies. He stated his
understanding that charter schools are an effort to return local
control to districts; however, this legislation appears to
involve the Department of Education and Early Development (EED)
in the specific area of language schools.
REPRESENTATIVE KREISS-TOMKINS said that language schools are
quite different from other facilities, requiring that subject
teachers also be fluent in the immersion language. He pointed
out that these teachers may have difficulty in attaining a state
teaching certificate. The bill is a vehicle to address the
unique character of immersion schools and enhance the ability
for teachers to meet the certification demands. It is important
to understand that a qualified teacher, who has English as a
second language, may find it difficult to achieve a state
teaching certification.
8:44:14 AM
REPRESENTATIVE COLVER expressed concerns for injecting
burdensome bureaucracy into the charter school system.
CHAIR KELLER said the proposed legislation may create a template
containing a new policy that will extend beyond the linguistic
programs.
8:45:40 AM
REPRESENTATIVE SEATON asked if the main thrust of HB 157 applies
to a type M permit. The M permit is generally issued to someone
with a specialized skill to allow them to lead a class, such as
an expert welder. The immersion teacher doesn't necessarily
fall under the M permit, as they must provide a wider expanse of
topics, he noted, and asked for clarity regarding the intent of
the bill.
REPRESENTATIVE KREISS-TOMKINS concurred and opined that the
current state certification process is not accommodating to
language specialists.
8:46:58 AM
CHAIR KELLER established that the original HB 157 labeled, 29-
LS03234\S was before the committee, and asked for a review of
changes that might affect the current charter school statutes.
He referred to the committee packet document, titled, "Sectional
Analysis, HB 157 - Language Immersion Schools/Teacher
Certifications (version S)," and the Section 1 entry, which
read:
Section 1 requires the charter contract between a
school board and a language immersion charter school
established under section 2 of the bill to contain
provisions requiring compliance with section 2.
CHAIR KELLER asked to whom the compliance language refers.
REID MAGDANZ, Staff, Representative Jonathan Kreiss-Tomkins,
Alaska State Legislature, responded that immersion institutions
would have a contract indicating compliance and ensuring that
the requirement to provide 50 percent of instructional hours in
a non-English language was being met.
8:48:35 AM
CHAIR KELLER noted that Sec. 2 represents a new section, and
expressed concern that it may contain restrictions to district
programs.
REPRESENTATIVE KREISS-TOMKINS assured the committee that the
intent is to eliminate the cumbersome process currently in place
and address the specialized field of language immersion.
However, he stressed, the expectation is for the bill to be
complimentary, and additive without displacing existing charter
school statutes.
8:50:20 AM
CHAIR KELLER asked if the 50 percent instructional requirement
could cause Fronteras to make significant curriculum changes to
remain in compliance, and whether the proposed bill provide any
benefits over current statute.
8:50:50 AM
JENNIFER HUTCHINS, Principal, Fronteras Spanish Immersion
Charter School, stated support for HB 157, and emphasized the
need for the legislation, as a means to bolster other programs
and alleviate the stress involved in staffing. She explained
the difficulty in recruiting language/culture holders, who can
also qualify for a state teaching certificate. The existing
statutes include specifications that ensures adherence to the
established standards and evaluation processes for all teachers.
CHAIR KELLER surmised that the certification portion of the bill
is the priority aspect.
MS. HUTCHINS concurred.
8:54:25 AM
REPRESENTATIVE SEATON noted that the bill doesn't prevent a
school from using a 40 or 60 percent language practice, only if
a request is being made for this type of teacher certification.
MR. MAGDANZ said correct.
REPRESENTATIVE KREISS-TOMKINS added that many immersion programs
have a blend of curriculum to provide more than 50 percent
target language instruction, which is the minimum that the bill
establishes.
CHAIR KELLER theorized that a school offering 40 percent would
not qualify for the proposed certification changes.
REPRESENTATIVE KREISS-TOMKINS clarified that the 50 percent
represents an aspirational benchmark. A school would submit a
proposal to EED to indicate how the benchmark would be reached,
and the agency would make the determination for compliance.
8:58:07 AM
MR. MAGDANZ turned to the bill Sec. 2, page 3, and lines 22-25,
which read:
(f) Notwithstanding (e) of this section, a person who
possesses a teacher certificate issued under AS
14.20.015, 14.20.017, AS 14.20.020, or 14.20.022, but
does not possess a language immersion endorsement
issued under AS 14.20.021, may teach classes in
English at a language immersion charter school.
MR. MAGDANZ pointed out that subsection (f) is specific to an
immersion language charter school, and no other charter schools.
8:59:05 AM
CHAIR KELLER referred to the bill requirements indicated on page
2, lines 9-11, and expressed interest in knowing whether the
language indicates a need for EED to write new regulation.
8:59:52 AM
MR. MAGDANZ said Sec. 3 includes language for implementation of
higher standards and specific training for teachers at immersion
schools. The section is modeled after one Utah has in place,
called a world languages endorsement, which attaches to a
standard certificate and verifies a fitness for teaching other
subject matter in a foreign language.
9:00:44 AM
CHAIR KELLER directed attention to the bill Sec. 4, page 4, line
2, which read:
(3) demonstrates the ability to conduct classroom
activities entirely in the indigenous or foreign
language; and
CHAIR KELLER surmised that this would require additional
departmental regulation to ensure compliance.
MR. MAGDANZ concurred, and to a follow-up question, responded
that the department will not be required to approve the course
or program of study that the immersion teacher attends.
9:02:20 AM
CHAIR KELLER questioned the deletion of the language on page 4,
line 11, which reads:
... expertise for which it is issued, to teach Alaska
Native [LANGUAGE OR] culture, ...
MR. MAGDANZ responded that in creating a new limited teacher's
certificate, specific to language, the deletion is appropriate
from this section and the intent is recaptured in Section 6.
CHAIR KELLER noted deletion of language from Sec. 4, page 4,
lines 19-22, which read:
... competent as a teacher [. THE BOARD MAY REQUIRE A
PERSON ISSUED A LIMITED CERTIFICATE TO UNDERTAKE
ACADEMIC TRAINING AS MAY BE REQUIRED BY THE BOARD BY
REGULATION AND MAKE SATISFACTORY PROGRESS IN THE
ACADEMIC TRAINING].
MR. MAGDANZ clarified that it is being removed as it applies to
someone teaching a specific skill, such as carpentry, and the
requirement was deemed unnecessary for the purposes of the
language endorsement being proposed.
9:04:59 AM
CHAIR KELLER directed attention to Sec. 5, page 4, line 31, and
page 5, lines 1-2, which read:
(c) The board may not require, as a condition for
extending or renewing a limited certificate under (b)
of this section, that a person complete additional
academic training.
CHAIR KELLER noted that the wordage is in keeping with the
preceding language adjustments.
MR. MAGDANZ concurred.
9:05:33 AM
REPRESENTATIVE KREISS-TOMKINS moved to Sec. 6, beginning on page
5, to comment that it represents the vital organs of the bill in
order to provide a pathway for language speakers to be in the
classroom.
CHAIR KELLER opened public testimony.
9:07:48 AM
SUSAN SCHMIDT, Recruiting and Operations, stated support for HB
157, and said that all of the immersion classes are very popular
and have waiting lists. Recently a Spanish speaking teacher was
out of the classroom, and finding a substitute was difficult.
The person finally located has indicated interested in
continuing in the classroom, however, he would be required to
enroll in a class at the university.
9:10:51 AM
DR. BARBARA AMAROK, PhD, provided a brief history of the
depression of the Native languages and erosion of the culture,
during the last century in Alaska. Fortunately, the
generational change has seen a turn of events and refocused the
importance for acceptance and preservation of the Native's
authentic history and culture. She provided personal anecdotes
illustrating her families' experiences of the initial cultural
divide and the recent reunion.
9:13:12 AM
SHAWN ARNOLD, Superintendent, Nome Public Schools, stated
support for HB 157, noting the importance for having a method in
place that will help to recruit language speakers. Some people
are unable to attain certification until they have been hired,
due to financial constraints.
9:15:51 AM
LES MORSE, Deputy Commissioner, Department of Education and
Early Development (EED), pointed out that a limited certificate
is currently allowed, as shown in Sec. 4, page 4, line 7,
specific to teaching Alaska Native language or culture. He
suggested the language proposed for removal be retained and the
term "world" inserted. Thus, the concerns addressed by the
previous two witnesses might be satisfied. The Sec. 4 language,
proposed for removal, lines 19-22, were adopted to ensure that a
skilled worker, such as a carpenter, could not be required to
attend college classes in carpentry in order to receive a type M
certificate, but could be required to take classes specific to
teaching and assessing students.
9:19:10 AM
MR. MORSE moved to Sec.6, beginning on page 5, line 3, and said
the proposed language would allow a limited certificate teacher
to instruct any subject class, with allowance for the board to
impose content testing of an instructor's knowledge. However,
the concern is that although a teacher may be capable of
teaching a subject, such as math in a foreign language due to
having passed a content examination, they may not have a full,
extended knowledge of math. Additionally, a teacher not holding
a bachelor's degree, is not qualified to be enrolled in the
teacher retirement system (TRS). It is the teaching of the
other content areas that raises concern, he stressed. The
proposed language is appropriate to describe a paraprofessional
position, or teacher's aide. He added that the forthcoming bill
version may alter these concerns, as well as change the fiscal
note.
9:23:05 AM
CHAIR KELLER inquired about the status of immersion schools in
Alaska and whether they are all charter schools.
MR. MORSE said there is no charter requirement for an immersion
school, and he conjectured that some exist which aren't charter
facilities.
CHAIR KELLER asked about immersion school status in other
states.
REPRESENTATIVE DRUMMOND offered that Anchorage School District
(ASD) has had language immersion classes available, within the
neighborhood schools, since the 1990's.
REPRESENTATIVE KREISS-TOMKINS confirmed that ASD, as well as
other states, have immersion programs in public schools.
CHAIR KELLER noted that the limited certification applies to all
schools not only the charter school.
9:26:34 AM
KEVIN ALLEN, Student Representative, Thunder Mountain High
School, stated support for HB 157, suggesting that it may be the
best way to preserve Alaskan Native languages.
9:28:39 AM
CHAIR KELLER closed public testimony and announced HB 157 as
held.
CHAIR KELLER thanked the participants and announced the next
meeting.
9:29:20 AM
ADJOURNMENT
There being no further business before the committee, the House
Education Standing Committee meeting was adjourned at 9:29 a.m.