Legislature(2009 - 2010)CAPITOL 106

02/12/2010 08:00 AM EDUCATION


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08:04:09 AM Start
08:04:57 AM HB297
10:03:51 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 297 POSTSECONDARY SCHOLARSHIPS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 206 HIGH SCHOOL ASSESSM'T/POSTSECONDARY CLASS TELECONFERENCED
Scheduled But Not Heard
               HB 297-POSTSECONDARY SCHOLARSHIPS                                                                            
                                                                                                                                
8:04:57 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the  first order of business would be                                                               
HOUSE  BILL   NO.  297  "An   Act  establishing   the  governor's                                                               
performance  scholarship program  and  relating  to the  program;                                                               
establishing  the  governor's  performance scholarship  fund  and                                                               
relating  to  the  fund;  relating  to  student  records;  making                                                               
conforming amendments; and providing for an effective date."                                                                    
                                                                                                                                
8:08:16 AM                                                                                                                    
                                                                                                                                
LARRY  LEDOUX, Commissioner,  Department of  Education and  Early                                                               
Development (EED), began  with Section 1, which  indicates that a                                                               
school district  shall determine whether a  student who graduates                                                               
from  a   local  high  school   is  eligible  for   a  Governor's                                                               
Performance Scholarship  (GPS) award.   Student  transcripts will                                                               
reflect whether  the criteria have  been met and for  what level,                                                               
or tier, of the GPS they are eligible.                                                                                          
                                                                                                                                
8:09:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER asked  how the  American College  Testing                                                               
(ACT) and Scholastic Achievement Test (SAT) scores are reported.                                                                
                                                                                                                                
COMMISSIONER  LEDOUX  said  the   results  are  usually  provided                                                               
directly  to   the  school  and   become  part  of   a  student's                                                               
transcript.    In  this  case   the  student  would  specifically                                                               
authorize a high school to receive the scores.                                                                                  
                                                                                                                                
8:10:14 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  LEDOUX  continued  with  Section  2,  which  grants                                                               
Department  of   Education  and   Early  Development   (EED)  the                                                               
authority  to act  on the  GPS program.   Section  3 defines  the                                                               
role,  as  fiscal  agent,  of  the  Commission  on  Postsecondary                                                               
Education.                                                                                                                      
                                                                                                                                
8:10:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  noted  that funding  for an  education                                                               
specialist is indicated for the  inception year, and asked how it                                                               
will be handled in subsequent years.                                                                                            
                                                                                                                                
COMMISSIONER  LEDOUX  explained  that the  funded  position  will                                                               
assist with  the public hearings,  and other tasks,  required for                                                               
establishing the lengthy regulations that will govern the GPS.                                                                  
                                                                                                                                
8:11:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  asked  why the  fiscal  note does  not                                                               
indicate it as a permanent position.                                                                                            
                                                                                                                                
EDDY  JEANS, Director,  School  Finance  and Facilities  Section,                                                               
Department   of   Education    and   Early   Development   (EED),                                                               
acknowledged that the fiscal note will require amending.                                                                        
                                                                                                                                
8:12:33 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  LEDOUX  turned to  Section  4,  and read  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     The  governor's  performance   scholarship  program  is                                                                    
     established  to provide  scholarship opportunities  for                                                                    
     Alaska  resident  high  school graduates  to  attend  a                                                                    
     qualified postsecondary institution in  the state.  The                                                                    
     program  includes  a merit-based  academic  scholarship                                                                    
     and   a  merit-based   career   and  technical   school                                                                    
     scholarship.    The  merit-based  academic  scholarship                                                                    
     consists of  three levels of  awards.   The merit-based                                                                    
     career  and technical  school  scholarship consists  of                                                                    
     one level of award.                                                                                                        
                                                                                                                                
8:13:20 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON referred  to page 3, line 15,  and about eligibility                                                               
for home school students.                                                                                                       
                                                                                                                                
8:14:07 AM                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX verified that the  intent is to provide every                                                               
graduate  in  the  state  the   opportunity  to  receive  a  GPS,                                                               
including home  school students.   He pointed out that  many home                                                               
school students are affiliated with  their local high school, and                                                               
others may be in enrolled  in an independently accredited program                                                               
that provides a graduation diploma.                                                                                             
                                                                                                                                
8:14:56 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  said this  section will  be flagged,  and requested                                                               
EED to clarify participation allowances/restrictions.                                                                           
                                                                                                                                
MR.  JEANS reiterated  that it  is the  intent of  the department                                                               
that the program be available  to every high school graduate, and                                                               
is not  limited to  public school attendees.   The  term "public"                                                               
was  intentionally  omitted,  and  the  regulatory  process  will                                                               
provide how students outside of  the public school system will be                                                               
addressed.     He  opined  that   attempting  to   include  those                                                               
provisions in the statute could prove to be cumbersome.                                                                         
                                                                                                                                
CHAIR SEATON  maintained that the  committee will need to  have a                                                               
clear  framework  for what  is  to  be accomplished  through  the                                                               
statute.   The section  should delineate  whether a  GED (General                                                               
Education Development)  certificate would  be included,  and list                                                               
the qualifying parameters.                                                                                                      
                                                                                                                                
8:17:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  noted   that  Section  4  establishes                                                               
guidelines and asked  if this section also  addresses grade point                                                               
averages (GPAs).                                                                                                                
                                                                                                                                
COMMISSIONER LEDOUX said yes.                                                                                                   
                                                                                                                                
8:18:08 AM                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX continued with Section 4, subsection (b),                                                                   
paraphrasing the language, which read as follows [original                                                                      
punctuation provided]:                                                                                                          
                                                                                                                                
     The  Department  of  Education  and  Early  Development                                                                    
     shall  design   the  programmatic  standards   for  the                                                                    
     scholarships  and appeals  of adverse  decisions.   The                                                                    
     Alaska  Commission  on  Postsecondary  Education  shall                                                                    
     administer  the daily  operations  of  the program  and                                                                    
     financing of the program,  including the procedures for                                                                    
     applying for  the scholarships,  establishing standards                                                                    
     for   and    ensuring   continuing    compliance   with                                                                    
     programmatic  standards,  and   requiring  students  to                                                                    
     apply  for  other  non-loan financial  aid,  consistent                                                                    
     with federal law.  The  respective agencies shall adopt                                                                    
     necessary    regulations   under    AS   44.62    after                                                                    
     consultation  with  each  other.   The  department  may                                                                    
     change the regulations under  AS 44.62 for requirements                                                                    
     for  programmatic   standards  for   required  academic                                                                    
     achievement  for eligibility  only  by giving  advanced                                                                    
     public  notice  at least  one  school  year before  the                                                                    
     change.                                                                                                                    
                                                                                                                                
CHAIR SEATON stated his understanding that, prior to a student                                                                  
receiving a GPS award, an applicant must first exhaust grant                                                                    
options and federal resource possibilities.                                                                                     
                                                                                                                                
COMMISSIONER LEDOUX concurred, and indicated that the state will                                                                
be the final resource.                                                                                                          
                                                                                                                                
8:19:44 AM                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX turned attention to subsections (c) and (d)                                                                 
[page 2, line 10] and read [original punctuation provided]:                                                                     
                                                                                                                                
     (c)  For purposes  of  this program,  a  student is  an                                                                    
     Alaska resident  if the  student meets  the eligibility                                                                    
     for residency  as described in  AS 01.10.055.   (d) The                                                                    
     program shall be administered  to further the following                                                                    
     goals:  (1) increasing  high school graduation rates in                                                                    
     the  state;  (2)   improving  academic  performance  of                                                                    
     students  in  grades  kindergarten through  12  in  the                                                                    
     state;  (3) improving  preparedness of  Alaska students                                                                    
     for postsecondary education;  (4) improving the quality                                                                    
     of the  educational programs offered  by high   schools                                                                    
     in the state; (5) increasing  the scores of high school                                                                    
     students   in    the   state   on    college   entrance                                                                    
     examinations;     (6)    increasing     job    training                                                                    
     opportunities   in  the   state;   (7)  improving   the                                                                    
     postsecondary   academic  achievement   and  graduation                                                                    
     rates of students in the  state; (8) expanding the pool                                                                    
     of  high  school  students  in  the  state  who  pursue                                                                    
     postsecondary opportunities.                                                                                               
                                                                                                                                
8:20:39 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  returned to  subsection  (b)  and asked  what  the                                                               
programmatic standards being designed include.                                                                                  
                                                                                                                                
COMMISSIONER  LEDOUX responded  that  the programmatic  standards                                                               
will be  established by the standardized  test scores.  As  it is                                                               
currently  written, it  also could  include the  actual GPA.   He                                                               
stressed that  it is the intent  of the department to  follow the                                                               
governor's guidelines provided in the proposal.                                                                                 
                                                                                                                                
MR. JEANS  added that programmatic  standards will also  list the                                                               
courses that  qualify for  meeting the requirements.   A  menu of                                                               
elective options  for math, science, English,  and social studies                                                               
classes will be developed                                                                                                       
                                                                                                                                
8:22:22 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  asked whether  seat time,  that is  Carnegie units,                                                               
will be  required to complete  classes, or will students  be able                                                               
to  challenge classes,  particularly if  they are  using distance                                                               
learning.                                                                                                                       
                                                                                                                                
                                                                                                                                
COMMISSIONER  LEDOUX said  every school  district is  responsible                                                               
for   determining  whether   a   student   has  achieved   course                                                               
requirements.   Part  of  the  programmatic standards  discussion                                                               
will be how  to translate standards based scores.   School boards                                                               
will devise  a methodology to accomplish  this, probably modeling                                                               
algorithms that are often used by  colleges.  One of the goals of                                                               
this  program is  to  prepare students  for  college, and  course                                                               
standards will not be waived.                                                                                                   
                                                                                                                                
8:24:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  theorized that a  student may receive  an A                                                               
GPA, but  score average  on a standardized  test, and  asked what                                                               
happens to that graduate.                                                                                                       
                                                                                                                                
COMMISSIONER LEDOUX pointed  out that all three  criteria must be                                                               
met:   curriculum requirements, qualifying  GPA, and  an adequate                                                               
standardized  test  score.    In further  response,  he  said  if                                                               
someone has an A GPA and tests at  a C level, they will receive a                                                               
scholarship level based on the "C+".                                                                                            
                                                                                                                                
8:26:07 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON directed  attention to the committee  packet and the                                                               
page stamped  SAMPLE, with column  headings for  curriculum, GPA,                                                               
and  assessment scores,  updated  by EED  in  February 2010,  and                                                               
asked if it illustrates programmatic standards.                                                                                 
                                                                                                                                
MR. JEANS responded yes.                                                                                                        
                                                                                                                                
8:26:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ requested an  analysis of the scoring matrix                                                               
for  SAT/ACT scores,  and  how they  compare  to requirements  of                                                               
schools across the nation.   She opined that the scores indicated                                                               
on the sample page appear high.                                                                                                 
                                                                                                                                
COMMISSIONER  LEDOUX  offered  that  the sample  sheet  does  not                                                               
reflect reality, they are basically random numbers.                                                                             
                                                                                                                                
8:27:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  held up the sample  page, and suggested                                                               
changing  the language  of the  form, which,  she opined,  may be                                                               
discouraging  to students.   A  student may  have an  A GPA,  but                                                               
still  choose  to follow  a  career  and  technical track.    The                                                               
language could be read as insinuating and insulting.                                                                            
                                                                                                                                
COMMISSIONER LEDOUX  agreed to revise  the form, stating  that it                                                               
is not the intent to project the wrong message.                                                                                 
                                                                                                                                
8:29:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON  asked whether  the secondary role  of this                                                               
program is to  direct students to Alaskan  institutions of higher                                                               
learning.                                                                                                                       
                                                                                                                                
COMMISSIONER LEDOUX said yes, with  the expectation that students                                                               
who achieve  their postsecondary education in  Alaska will remain                                                               
as residents.                                                                                                                   
                                                                                                                                
REPRESENTATIVE EDGMON said language of  that intent appears to be                                                               
missing from Section  4 (d).  Commissioner  LeDoux concurred, and                                                               
an agreement  was made  to work  on an  amendment to  rectify the                                                               
situation.                                                                                                                      
                                                                                                                                
8:30:25 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON returned  to the  topic of  programmatic standards,                                                               
and said it  would be helpful to have further  information on how                                                               
this will  be accomplished via  means other than  the traditional                                                               
method of  Carnegie units.   The non-traditional students  do not                                                               
appear to be included.                                                                                                          
                                                                                                                                
8:32:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.   WILSON  reported   that  many   schools  are                                                               
currently graduating  students who require remediation  when they                                                               
enter a  higher institution.   She stated her  understanding that                                                               
one intention of this bill is  to eliminate the need for remedial                                                               
classes.    Noting  that  regulations will  be  crafted  for  the                                                               
schools, she asked  whether the legislature will have  a means to                                                               
ensure  that  districts  are  not  passing  students  who  cannot                                                               
satisfied competency requirements.                                                                                              
                                                                                                                                
COMMISSIONER  LEDOUX stressed  the  importance  of including  the                                                               
requirements for  rigor.  Expectations  will not be  lowered, and                                                               
the  intent  is  to  graduate  students  who  can  enter  college                                                               
appropriately.  He offered a  personal anecdote to illustrate his                                                               
point.                                                                                                                          
                                                                                                                                
REPRESENTATIVE P.  WILSON maintained  her concern,  and expressed                                                               
dismay  that  the current  regulations  have  not prevented  this                                                               
phenomena; passing a class is not assurance of competency.                                                                      
                                                                                                                                
8:36:53 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  LEDOUX reviewed  the  purpose  of the  standardized                                                               
test score.  The ACT is  a proven predictor of first year college                                                               
performance, and grades are the predictor for graduation.                                                                       
                                                                                                                                
8:38:11 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  reported  that  the   graduation  work  group  has                                                               
discussed  the   importance  for   teachers  to  have   a  common                                                               
understanding  of what  a grade  represents.   Students are  very                                                               
discouraged  when  there is  no  standardization  of grades  from                                                               
classroom to classroom.  He predicted that school reforms will                                                                  
bring this forward, as communities prepare for the GPS.                                                                         
                                                                                                                                
8:39:50 AM                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX returned to Section 4, page 4, line 17 and                                                                  
read [original punctuation provided]:                                                                                           
                                                                                                                                
     Qualifications  of  applicants.    (a)  A  student  may                                                                  
     submit  an   application for  a governor's  performance                                                                    
     scholarship   to  attend   a  qualified   postsecondary                                                                    
     institution  in  the  state  if  the  student  (1)  has                                                                    
     applied  or  intends  to apply  for  admission  to  the                                                                    
     institution;  (2) is  an Alaska  resident  who has  (A)                                                                    
     graduated, or  will graduate no  later than  six months                                                                    
     after the  date of the  application from a  high school                                                                    
     in  the  state,  including  a  public  school,  private                                                                    
     school,  and  home  school;   (B)  graduated,  or  will                                                                    
     graduate no  later than  six months  after the  date of                                                                    
     the  application  from a  high  school  outside of  the                                                                    
     state  under circumstances  allowed by  the department;                                                                    
     for   purposes   of    this   subparagraph,   allowable                                                                    
     circumstances  include an  Alaska resident  high school                                                                    
     student having  left the state because  of the military                                                                    
     service  of  the  student's Alaska  resident  custodial                                                                    
     parent; (3)  will receive  and utilize  the scholarship                                                                    
     at a  qualified postsecondary institution in  the state                                                                    
     no  later than  six years  after the  beginning of  the                                                                    
     first  school year  after a  student's graduation  from                                                                    
     high  school, unless  the  applicant  qualifies for  an                                                                    
     extension  of  time  allowed  by  the  department;  for                                                                    
     purposes of this paragraph,  standards for extension of                                                                    
     time  must  include  time  while   the  student  is  in                                                                    
     military   service;  and   (4)   meets  other   minimum                                                                    
     qualifications to apply or continue  to be eligible for                                                                    
     a governor's performance scholarship.                                                                                      
                                                                                                                                
8:41:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON inquired how short term military                                                                       
transfers will be addressed.                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX replied that the intent is to view residency                                                                
as residency, regardless of transfer status.                                                                                    
                                                                                                                                
CHAIR SEATON suggested including a definition of resident.                                                                      
                                                                                                                                
8:43:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER directed  attention  to page  4, line  1,                                                               
which refers to AS 01.10.055, and  at the direction of the chair,                                                               
she read the cited statute [original punctuation provided]:                                                                     
                                                                                                                                
     (a)  A person  establishes  residency in  the state  by                                                                    
     being physically  present in the state  with the intent                                                                    
     to remain in the state  indefinitely and to make a home                                                                    
     in the state.                                                                                                              
                                                                                                                                
     (b)  A person  demonstrates the  intent required  under                                                                    
     (a) of this section                                                                                                        
                                                                                                                                
          (1) by maintaining a principal place of abode in                                                                      
     the state for  at least 30 days or for  a longer period                                                                    
     if a  longer period is  required by law  or regulation;                                                                    
     and                                                                                                                        
                                                                                                                                
          (2) by providing other proof of intent as may be                                                                      
     required by law or  regulation, which may include proof                                                                    
     that the  person is not claiming  residency outside the                                                                    
     state or obtaining benefits under  a claim of residency                                                                    
     outside the state.                                                                                                         
                                                                                                                                
     (c)  A person  who establishes  residency in  the state                                                                    
     remains  a resident  during an  absence from  the state                                                                    
     unless  during the  absence the  person establishes  or                                                                    
     claims residency in another state.                                                                                         
                                                                                                                                
8:44:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON  noted that  if the PFD  data base  is used                                                               
there may be a conflict.                                                                                                        
                                                                                                                                
8:45:05 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  LEDOUX  explained that  a  student  who resides  in                                                               
Alaska  for 30  days, and  graduates  from a  program of  choice,                                                               
would  be  eligible.    However, the  law  provides  the  minimum                                                               
framework,  and  indicates  that  this can  be  modified  through                                                               
regulation.                                                                                                                     
                                                                                                                                
8:45:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON  affirmed the  inference that the  PFD data                                                               
base would not be utilized for establishing residency.                                                                          
                                                                                                                                
COMMISSIONER LEDOUX concurred.                                                                                                  
                                                                                                                                
8:45:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  provided  a  scenario  of  a  student                                                               
relocating to Alaska  for the final 30 days of  high school.  She                                                               
pondered whether this would satisfy  the residency and graduation                                                               
requirements.                                                                                                                   
                                                                                                                                
COMMISSIONER LEDOUX answered yes, and  pointed out that the state                                                               
board  of education  can modify  the  law should  this become  an                                                               
issue.                                                                                                                          
                                                                                                                                
CHAIR SEATON  theorized that a  student may graduate from  a home                                                               
school program  Outside, transfer to  Alaska and satisfy  the ACT                                                               
and other requirements, and qualify for  the GPS.  The program is                                                               
being designed to  be flexible, which is  important, however, the                                                               
parameters must be clear to disallow possible abuse.                                                                            
                                                                                                                                
COMMISSIONER LEDOUX opined  that it would be  uncommon for either                                                               
the of the aforementioned scenarios  to occur, however he offered                                                               
to convene  with the  Assistant Attorney  General to  assure that                                                               
appropriate preventative language is included.                                                                                  
                                                                                                                                
8:49:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ returned to  the residency requirements, and                                                               
suggested  that  the  University  of  Alaska  (UA)  policy  could                                                               
provide a model.                                                                                                                
                                                                                                                                
8:50:26 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON requested  an analysis  for  how this  is going  to                                                               
interact  with the  university system,  private universities,  or                                                               
other  certificated programs  in Alaska,  i.e. Alaska  Vocational                                                               
Technical Center (AVTEC) and the resident programs.                                                                             
                                                                                                                                
8:50:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  interjected  that   when  a  student  is                                                               
enrolled, whose parents  are not a resident,  tuition is required                                                               
to  be paid  to  the enrolling  district.   She  returned to  the                                                               
question  of military  families, and  described a  scenario of  a                                                               
child who  is on  track to  receive a GPS  award, but  the family                                                               
transfers out-of-state in  the last semester of  school.  Another                                                               
possibility is that of a  child who graduates, receives an award,                                                               
and  the  family transfers.    In  that  case, she  surmised  the                                                               
student would  remain in the  state and attend school,  and asked                                                               
what the  military exemption would  be for children  under either                                                               
of these situations.                                                                                                            
                                                                                                                                
COMMISSIONER LEDOUX agreed to provide a written response.                                                                       
                                                                                                                                
REPRESENTATIVE GARDNER  opined that  graduation within  the state                                                               
should be a firm, unqualified requirement, without exemption.                                                                   
                                                                                                                                
CHAIR SEATON  underscored the need  to clarify the intent  of the                                                               
graduation aspect.  Additionally,  he asked whether the extension                                                               
of time applies to qualifying for, or utilization of, an award.                                                                 
                                                                                                                                
COMMISSIONER LEDOUX directed attention  to paragraph (3) [page 4,                                                               
line 31], and  the language that allows a six  year extension for                                                               
a qualified student who defers for military service.                                                                            
                                                                                                                                
8:54:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON inquired  what the  anticipated number  of                                                               
awards will be, based on  an initial $400 million investment that                                                               
will garner approximately  $20 million in annual  earnings, to be                                                               
distributed in $3,000 increments.                                                                                               
                                                                                                                                
COMMISSIONER LEDOUX  testified that a  model exists based  on the                                                               
Hathaway program  in Wyoming.   The model indicates  that roughly                                                               
6,000  students  are expected  to  be  funded, depending  on  the                                                               
categories  awarded;  the spreadsheet  will  be  provided to  the                                                               
committee.                                                                                                                      
                                                                                                                                
8:56:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON  questioned whether the entire  $20 million                                                               
will  be   awarded  each  year,   and  suggested   extending  the                                                               
opportunity to students  who have been out of the  system for six                                                               
months or a year.                                                                                                               
                                                                                                                                
COMMISSIONER LEDOUX  pointed out  that a qualified  student could                                                               
attend school out-of-state to attain  a four year degree, without                                                               
losing  their  eligibility, and  return  to  Alaska for  graduate                                                               
studies.                                                                                                                        
                                                                                                                                
8:57:59 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  LEDOUX turned  to  page  5, line  7,  and read  the                                                               
disqualifiers [original punctuation provided]:                                                                                  
                                                                                                                                
     (b) A student is not  qualified to receive a governor's                                                                    
     performance  scholarship  if  the person  (1)  has  not                                                                    
     complied   with  the   military  service   registration                                                                    
     imposed under  50 U.S.C.  App. 453  (Military Selective                                                                    
     Service Act), if those  requirements were applicable to                                                                    
     the  student; (2)  is currently  in default  or owes  a                                                                    
     refund  on  a  federal  financial aid  loan  under  the                                                                    
     federal  guaranteed student  loan program  or financial                                                                    
     aid  awarded  under  this  chapter;  or  (3)  has  been                                                                    
     convicted  of   a  felony  in  the   state  or  another                                                                    
     jurisdiction and  has not qualified for  a waiver under                                                                    
     standards adopted by the department.                                                                                       
                                                                                                                                
8:58:55 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  stated his understanding  that a  qualified student                                                               
would not be required to be enrolled  as a full time student at a                                                               
post  secondary  program, to  retain  their  eligibility for  six                                                               
years.                                                                                                                          
                                                                                                                                
COMMISSIONER LEDOUX  concurred and  said that  a student  has six                                                               
years  of  eligibility,  and  within that  six  years  are  eight                                                               
semesters  of  funded scholarship.    A  qualified student  could                                                               
remain out of state for  five years, without educational pursuit,                                                               
and still have a year to return to Alaska and utilize the award.                                                                
                                                                                                                                
CHAIR SEATON reported that data  indicates a higher percentage of                                                               
college  graduation   by  those   who  attend   college  directly                                                               
following  high  school  graduation.    A  break  in  educational                                                               
continuity appears to have negative  consequences for attaining a                                                               
degree.                                                                                                                         
                                                                                                                                
9:00:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  directed attention to page  5, line 10,                                                               
and  asked  whether  the Military  Selective  Service  Act  cited                                                               
refers to a dishonorable discharge.                                                                                             
                                                                                                                                
COMMISSIONER  LEDOUX  responded  that  it  means  a  student  has                                                               
neglected the federal requirement to register for the draft.                                                                    
                                                                                                                                
CHAIR  SEATON suggested  registration  may be  a gender  specific                                                               
requirement.                                                                                                                    
                                                                                                                                
9:01:15 AM                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX continued  on page 5, line  17, with proposed                                                               
AS 14.43.820, regarding eligibility  for an academic scholarship.                                                               
The core curriculum  and GPA is established in this  section.  He                                                               
stressed  that  the GPA  requirements  are  based on  a  rigorous                                                               
course of  study.  In response  to Chair Seaton, he  provided the                                                               
GPA standards:  A = 3.5 GPA or above, B= 3.0-3.49, C= 2.5-3.0.                                                                  
                                                                                                                                
9:03:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ  asked  whether  the  UA  requires  SAT/ACT                                                               
scores.                                                                                                                         
                                                                                                                                
COMMISSIONER LEDOUX responded  affirmatively, however, no minimum                                                               
score is required.  He offered to provide a copy of the                                                                         
                                                                                                                                
CHAIR  SEATON   interjected  that   the  ACCUPLACER   is  another                                                               
assessment used in the UA  system, and asked if requirements vary                                                               
by campus.                                                                                                                      
                                                                                                                                
COMMISSIONER  LEDOUX indicated  that the  law stipulates  an SAT,                                                               
ACT, or an  exam approved by the university,  which could include                                                               
ACCUPLACER.                                                                                                                     
                                                                                                                                
9:04:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  inquired how, without  minimum requirements                                                               
from  the UA,  the  criteria will  be  established comparable  to                                                               
other universities.                                                                                                             
                                                                                                                                
COMMISSIONER LEDOUX  explained that the State  Board of Education                                                               
will set  the standards.  It  will be important to  approach this                                                               
with  caution,  he  said,  due  to  the  misuse  of  standardized                                                               
assessments, and  cultural biases that  may exist in tests.   The                                                               
board  can change  regulation  more  expeditiously than  changing                                                               
law; hence  it is  prudent to not  include score  requirements in                                                               
statute.   He  underscored that  the  GPS focuses  on rigor,  and                                                               
preparation  for  success  in college,  or  vocational  training.                                                               
Care  will  be  taken  to not  create  barriers  with  assessment                                                               
requirements that are not entirely germane for Alaska.                                                                          
                                                                                                                                
9:06:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER queried  about the department's confidence                                                               
level  that  implementing  this   program  will  provide  a  fair                                                               
opportunity  for every  student to  receive the  rigorous classes                                                               
necessary to qualify.                                                                                                           
                                                                                                                                
COMMISSIONER LEDOUX  replied that it  should not be  assumed that                                                               
due to a  student's locale they will not have  the opportunity to                                                               
receive  the education  they deserve.   Young  people around  the                                                               
state  dream of  attending college,  and the  resources exist  to                                                               
provide the  possibility.  Every  community provides  a different                                                               
challenge  or   opportunity,  and,   he  opined,   with  distance                                                               
resources, and flexibility, the courses  can be delivered.  It is                                                               
a challenge for the students and the districts alike.                                                                           
                                                                                                                                
9:09:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER   agreed  that  every  child   should  be                                                               
provided  a  path  to  achieve their  dreams,  and  stressed  the                                                               
importance  of planting  the  seed for  a  student who  otherwise                                                               
would  not consider  attending college  a possibility.   However,                                                               
she   maintained  her   concern  to   query  further   about  the                                                               
availability  for every  student  to take  the required  classes.                                                               
She asked  will it be possible  for every student in  the Bush to                                                               
take four years of math, for instance.                                                                                          
                                                                                                                                
COMMISSIONER  LEDOUX   stated  his  belief  that   this  will  be                                                               
possible,   particularly  via   the  state's   distance  program.                                                               
Schools  that only  provide two  years of  math today,  are being                                                               
challenged by the department to step up to the plate.                                                                           
                                                                                                                                
REPRESENTATIVE GARDNER  maintained concern that  some communities                                                               
may not  be equipped to take  advantage of what the  state has to                                                               
offer.                                                                                                                          
                                                                                                                                
COMMISSIONER  LEDOUX pointed  out  that this  is  a reform  bill,                                                               
which  will  affect  change for  communities  across  the  state.                                                               
There are students in urban  Alaska who are not being challenged,                                                               
and this  program is an invitation  for every child in  the state                                                               
to achieve.   To a follow-up  question he said that  students are                                                               
not  required to  take standardized  tests in  regional hubs,  as                                                               
they  are   proctored  exams,  which  every   school  is  capable                                                               
administering.                                                                                                                  
                                                                                                                                
9:12:52 AM                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX  turned to page  6, line 3, to  continue with                                                               
the  programmatic standards  of  eligibility  requirements:   (4)                                                               
enrollment  in  a  course  study at  a  qualified  university  or                                                               
college in this state that is  intended to result in the award of                                                               
a  certificate or  degree;  and  (5) a  process  through which  a                                                               
student who  is no  longer eligible can  regain eligibility.   He                                                               
stated that a student will be  expected to maintain a certain GPA                                                               
to retain their  GPS award, however, if a student  has a lapse in                                                               
their GPA, they can regain status and recoup their award.                                                                       
                                                                                                                                
CHAIR  SEATON asked  for the  criteria  that results  in loss  of                                                               
eligibility.                                                                                                                    
                                                                                                                                
COMMISSIONER  LEDOUX  said  that  it  will  be  provided  to  the                                                               
committee.   The intent  is to use  the standards  established by                                                               
the UA Honor's program.                                                                                                         
                                                                                                                                
9:14:40 AM                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX  continuing with Section  4, page 6,  line 7,                                                               
he read [original punctuation provided]:                                                                                        
                                                                                                                                
     (6)  a   process  through  which  a   home-schooled  or                                                                    
     private-schooled  student may  submit  evidence to  the                                                                    
     qualified  university or  college that  establishes the                                                                    
     equivalent  of  the  high school  diploma,  grade-point                                                                    
     average,  and  core   academic  curriculum  for  public                                                                    
     school students.                                                                                                           
                                                                                                                                
COMMISSIONER  LEDOUX  noted  that  further  information  will  be                                                               
provided to the committee regarding this paragraph.                                                                             
                                                                                                                                
9:15:05 AM                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX  addressed the  next proposed  statute titled                                                               
"Eligibility for a career and  technical school scholarship."  He                                                               
pointed  out that  the class  requirements, and  format, are  the                                                               
same as  the academic  track, however,  course options  may vary.                                                               
The department does  not intend to require every  student to take                                                               
calculus, for example, but four years of math will be required.                                                                 
                                                                                                                                
9:15:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON suggested  that small schools  may only                                                               
employ one  math teacher,  and asked whether  it is  plausible to                                                               
expect one teacher to provide four years of math.                                                                               
                                                                                                                                
COMMISSIONER LEDOUX  concurred that it  may be difficult  for one                                                               
teacher to  provide a broad  spectrum of learning, in  any field;                                                               
however,  through distance  learning alternatives,  it should  be                                                               
possible                                                                                                                        
                                                                                                                                
9:16:47 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  returned to  page 6, line  7, to  revisit paragraph                                                               
(6).    He  asked  whether  the  stipulated  requirement  for  an                                                               
equivalent  of  a   high  school  diploma  will   include  a  GED                                                               
certificate.     The  UA  system  administers   GED  testing  and                                                               
distributes  these certificates  to  a number  of  students.   He                                                               
expressed concern that a dichotomy  exists between the university                                                               
standards and the GPS requirements.                                                                                             
                                                                                                                                
COMMISSIONER LEDOUX  said the  analysis will  be provided  to the                                                               
committee, and that  it is not the  intent of this bill  to use a                                                               
GED certificate as a pathway for attaining a GPS award.                                                                         
                                                                                                                                
9:18:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON  read from paragraph  (6), page 6,  line 8:                                                               
"qualified university or college  that establishes the equivalent                                                               
of [the]  high school  diploma ...", and  asked whether  the term                                                               
"college"   includes    merit   based   career    and   technical                                                               
scholarships.                                                                                                                   
                                                                                                                                
COMMISSIONER  LEDOUX stipulated  that  section  4 only  addresses                                                               
academic scholarships to  be awarded for attendance  to a college                                                               
or university.                                                                                                                  
                                                                                                                                
9:19:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON  asked about the definition  of "equivalent                                                               
of  a  high  school  diploma,"   surmising  that  it  is  defined                                                               
elsewhere, which  precludes the necessity  to include it  in this                                                               
section.                                                                                                                        
                                                                                                                                
COMMISSIONER LEDOUX said that is correct.                                                                                       
                                                                                                                                
CHAIR SEATON interjected that the  definition will be included in                                                               
the  requested   analysis.    Additionally,   he  asked   for  an                                                               
extrapolation  of the  projected  numbers  if consideration  were                                                               
given  to the  total GED  certificates  issued each  year by  the                                                               
university.                                                                                                                     
                                                                                                                                
9:21:14 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  LEDOUX reiterated  that the  programmatic standards                                                               
for  eligibility  are  identical  for the  career  and  technical                                                               
school scholarships  as has been  stated for the  academic track.                                                               
He  pointed out  that the  career and  technical schools  will be                                                               
certified by  the Department of  Labor and  Workforce Development                                                               
(DLWD), in dialogue with EED.                                                                                                   
                                                                                                                                
9:22:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON suggested  that the  career and  technical                                                               
school  qualifications  appear to  be  overtly  rigorous, from  a                                                               
practical  standpoint,  for  someone   pursuing  a  career  as  a                                                               
mechanic or beautician.                                                                                                         
                                                                                                                                
COMMISSIONER LEDOUX  said that  students generally  complete math                                                               
in   their  first   two  years   of   high  school,   and  as   a                                                               
graduate/college entrant,  find these  skills dulled.   Technical                                                               
math courses  will be developed  that will include  applied math,                                                               
as  not  all fourth  year  math  students  are expected  to  take                                                               
calculus.    Math and  science  is  important, he  stressed,  and                                                               
reading technical information calls for this type of rigor.                                                                     
                                                                                                                                
9:24:57 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  asked what the difference  in award would be  for a                                                               
student with a  3.5 GPA; what differentiates  the academic versus                                                               
career and technical awards.                                                                                                    
                                                                                                                                
COMMISSIONER  LEDOUX  explained  that   a  career  and  technical                                                               
scholarship provides  one level of award:   up to $3,000  for two                                                               
years.   The Silver, Gold,  and Platinum awards are  intended for                                                               
students  expecting  to  enroll  at a  university  or  accredited                                                               
college, where as  the career technical scholarships  are for use                                                               
at  a  DOLWD  approved  training  institute.    A  student  could                                                               
certainly  qualify for  the highest  award level,  but choose  to                                                               
attend a technical institute.                                                                                                   
                                                                                                                                
9:27:13 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  observed there is a  matrix for the two  paths that                                                               
may be  chosen, and he clarified  that a student qualified  for a                                                               
Gold  level academic  scholarship may  choose  to apply  it to  a                                                               
vocational training institution.                                                                                                
                                                                                                                                
COMMISSIONER LEDOUX said absolutely.                                                                                            
                                                                                                                                
9:28:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  pointed out the disparity  of cost involved                                                               
to  earn a  four  year  degree attending  a  university versus  a                                                               
technical school, and questioned the fairness.                                                                                  
                                                                                                                                
CHAIR SEATON requested a written response from the department.                                                                  
                                                                                                                                
9:29:21 AM                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX continued on page  7, line 4, "Maximum awards                                                               
and allowable uses." and read [original punctuation provided]:                                                                  
                                                                                                                                
     (1)  for the  merit-based  academic scholarship,  three                                                                    
     tiers  of  scholarship  financing awards;  the  highest                                                                    
     tier of  award per semester  must be equal to  the cost                                                                    
     of  approved tuition  at the  University  of Alaska  in                                                                    
     school year 2010  through 2011 for a  student taking 15                                                                    
     credits,  and require  very high  academic achievement;                                                                    
     the second tier must be  75 percent of the highest tier                                                                    
     and require  high academic achievement; the  third tier                                                                    
     must  be 50  percent of  the highest  tier and  require                                                                    
     moderate academic achievement;  (2) for the merit-based                                                                    
     career and  technical scholarship,  the award   must be                                                                    
     the actual  cost of the qualified  career and technical                                                                    
     school attended  by the student,  not to  exceed $3,000                                                                    
     per school year;                                                                                                           
                                                                                                                                
9:30:06 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON   asked  if  the   all  tiers  have  a   15  credit                                                               
requirement.                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX said yes.                                                                                                   
                                                                                                                                
9:31:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON  inquired  why   the  rates  are  tied  to                                                               
specific  tuition rates,  2010-2011,  given  the probability  for                                                               
fluctuation.                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX  stated that  the intent  was to  ensure that                                                               
the cost of the program, or draw  on the account, is not based on                                                               
a Board of Regents decision.                                                                                                    
                                                                                                                                
CHAIR SEATON indicated  that the requirement for  15 credits will                                                               
be  repositioned  in  the  section to  provide  clarity  that  it                                                               
applies to all tiers.                                                                                                           
                                                                                                                                
REPRESENTATIVE GARDNER reported  that she did not read  this as a                                                               
requirement for  a student to  carry 15  credits, but as  a means                                                               
for determining  the cost  of tuition for  15 credits.   Previous                                                               
hearings have  revealed that, in  systems where  the universities                                                               
can  independently  raise  tuition,  a scholarship  that  is  not                                                               
pegged  to  a   certain  amount  of  money   has  the  unintended                                                               
consequence of encouraging  universities to dramatically increase                                                               
their tuition.                                                                                                                  
                                                                                                                                
CHAIR SEATON noted  the difference and indicated  that, using the                                                               
15  credit reference  for that  purpose, there  is not  a minimum                                                               
credit requirement  contained in  the section, although  there is                                                               
mention of a part-time student.                                                                                                 
                                                                                                                                
COMMISSIONER  LEDOUX explained  that  the  university charges  by                                                               
credit hours.   A student taking a minimum of  12 credit hours is                                                               
considered full-time.   A cap  was placed  at 15 credit,  for the                                                               
purposes of this scholarship.   He pointed out that many Bachelor                                                               
of Arts  degrees require  130 credit hours,  leaving a  10 credit                                                               
gap, if a student takes 15 credit hours for 4 years.                                                                            
                                                                                                                                
9:34:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON called attention  to page 7,  lines 13-                                                               
15, and said it appears unfair  to not exceed the $3,000 per year                                                               
for  the   career  and  technical   awards,  when   the  academic                                                               
scholarships   have   varying    tiers,   and   some   vocational                                                               
institutions have tuitions rivaling universities.                                                                               
                                                                                                                                
COMMISSIONER  LEDOUX reminded  the committee  that a  spreadsheet                                                               
will be prepared, as previously requested                                                                                       
                                                                                                                                
9:35:14 AM                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX began  again with page 7, line  19, and read:                                                               
"(b)  A part-time  student who  receives  a merit-based  academic                                                               
scholarship  and is  enrolled on  at least  a half-time  basis is                                                               
eligible for an  award on a pro  rata basis."  He  said this will                                                               
allow  students  to  attend  school  on  a  part-time  basis  and                                                               
maintain their award status.                                                                                                    
                                                                                                                                
CHAIR SEATON requested the definition of a part-time student.                                                                   
                                                                                                                                
COMMISSIONER  LEDOUX  indicated  that   the  definition  will  be                                                               
provided, stating that  anything under 12 credits  is usually the                                                               
standard.                                                                                                                       
                                                                                                                                
9:36:18 AM                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX returning to page  7, line 25, read [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     (d) Subject to AS  14.43.815(a)(3), a student receiving                                                                    
     a merit-based academic  scholarship may remain eligible                                                                    
     for up to eight semesters  of enrollment at a qualified                                                                    
     university  or  college,  which  may  include  graduate                                                                    
     courses.  A student  receiving a merit-based career and                                                                    
     technical  scholarship  may  remain  eligible  for  two                                                                    
     calendar years of attendance at  a qualified career and                                                                    
     technical school.   A student  may not receive  both an                                                                    
     academic and a career and technical scholarship.                                                                           
                                                                                                                                
9:36:49 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON returned to page 7,  line 19, and asked what defines                                                               
part-time.                                                                                                                      
                                                                                                                                
COMMISSIONER LEDOUX said the information  will be provided to the                                                               
committee.                                                                                                                      
                                                                                                                                
9:37:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ addressed page 7,  line 8, and suggested the                                                               
dates  established, UA  tuition  for 2010-2011,  may  need to  be                                                               
amended, assuming the program moves forward.                                                                                    
                                                                                                                                
CHAIR SEATON  reminded the committee  that the  idea is to  set a                                                               
dollar amount,  because there are incentives  for institutions to                                                               
abuse what could  be considered a windfall from  the state, which                                                               
has  happened in  at  least  one other  state.    He agreed  that                                                               
consideration of a  dollar amount, to be  inserted instead, would                                                               
not be out of order.                                                                                                            
                                                                                                                                
9:39:26 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  LEDOUX went  on to  page 8,  line 4,  "Programmatic                                                               
standards."  He read [original punctuation provided]:                                                                           
                                                                                                                                
     (a)  Subject to  (b)  of this  section, the  department                                                                    
     shall   establish   programmatic  standards   for   the                                                                    
     program.  (b) The  department shall establish a make-up                                                                    
     procedure or  alternative pathway for students  who are                                                                    
     not eligible for a scholarship  to make up a deficit by                                                                    
     alternative  means   if  the  deficit  was   caused  by                                                                    
     circumstances that  would make  it unfair not  to allow                                                                    
     the student  to make  up the  deficit.   The department                                                                    
     may  not  waive a  requirement  and  shall require  the                                                                    
     student  to   achieve  a  result  comparable   to  that                                                                    
     required  of  other  students.   The  decision  of  the                                                                    
     department  regarding   a  student's   eligibility  for                                                                    
     alternative   means   is   final.      In   determining                                                                    
     circumstances   in  which   the   student  may   pursue                                                                    
     alternative  means, the  department shall  consider the                                                                    
     fairness to students who have  met the requirements and                                                                    
     the  need   to  promote  the  goals   of  the  program.                                                                    
     Attendance at  a high  school outside  of the  state is                                                                    
     not a  circumstance in which  fairness requires  that a                                                                    
     student  be  allowed  to pursue  alternative  means  to                                                                    
     qualify for a scholarship.   Circumstances in which the                                                                    
     department may  allow a  student to  pursue alternative                                                                    
     means  to   qualify  for  a  scholarship   include  the                                                                    
     following:    (1)  the   required  curriculum  was  not                                                                    
     reasonably  available   to  the  student   because  the                                                                    
     student attended a small and  remote high school in the                                                                    
     state;(2) the  deficit was caused  by rare  and unusual                                                                    
     circumstances outside the control of the student.                                                                          
                                                                                                                                
9:41:18 AM                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX  stated his belief that  alternative pathways                                                               
will  be necessary  for certain  students.   Thus, a  student can                                                               
apply to the  office of the commissioner for a  waiver to receive                                                               
an  independent   plan  for  fulfilling  the   requirements,  and                                                               
enabling them to take advantage of  the program.  He stressed the                                                               
need to provide this flexibility  for students, and the means for                                                               
the department  to respond.   He pointed  out that  paragraph (2)                                                               
[page  8,  line  21]  is   a  catch-all  clause,  because  it  is                                                               
impossible to predict circumstances.                                                                                            
                                                                                                                                
9:44:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER   remembered   discussion   around   the                                                               
possibility  for  a student  to  retake  an  SAT, ACT,  or  other                                                               
qualifying exam, at  their expense, if they felt they  had an off                                                               
day and could  do better.  She asked if  language was included to                                                               
allow for  that circumstance,  or would  it come  under paragraph                                                               
(2) with additional language.                                                                                                   
                                                                                                                                
COMMISSIONER LEDOUX opined that it  is covered in the language of                                                               
paragraph (2), as are any  number of unforeseeable circumstances.                                                               
The clause  is to provide  an opportunity for  full consideration                                                               
and a level of fairness, he said.                                                                                               
                                                                                                                                
9:46:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON agreed  that flexibility is a  key piece to                                                               
making  the concept  of this  program work  in all  areas of  the                                                               
state.   He questioned the  wisdom of the broad  language, versus                                                               
providing specific stipulations.                                                                                                
                                                                                                                                
COMMISSIONER  LEDOUX  cautioned   that  specific  language  could                                                               
preclude some circumstances.  The  language is broad to allow for                                                               
any scenario,  while still being  required to meet  the standards                                                               
required.   An individual's  path may be  different than  what is                                                               
envisioned for  the majority  of students,  but the  goal remains                                                               
the same.                                                                                                                       
                                                                                                                                
CHAIR SEATON recognized that the  committee can indicate specific                                                               
language, if deemed appropriate.                                                                                                
                                                                                                                                
REPRESENTATIVE  EDGMON concurred  that the  language must  not be                                                               
hindering,  however, establishing  a system  in the  framework of                                                               
the bill  may be helpful.   He theorized  that if 100  students a                                                               
year were applying to the  commissioner's office for a waiver, it                                                               
could prove problematic,  and perhaps it would  be better handled                                                               
through a designated panel.                                                                                                     
                                                                                                                                
9:48:55 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON asked  if whether  paragraph (2),  includes special                                                               
education  circumstances.   He  noted  that  this could  cause  a                                                               
number of waiver request.                                                                                                       
                                                                                                                                
COMMISSIONER LEDOUX indicated  that the responsibilities required                                                               
under special education law will be provided to the committee.                                                                  
                                                                                                                                
9:50:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   BUCH   recalled  the   commissioner's   previous                                                               
statement  to "probably  create a  board," and  he suggested  the                                                               
department submit a design that would illustrate his statement.                                                                 
                                                                                                                                
COMMISSIONER  LEDOUX  agreed,  and  said  that  the  comments  of                                                               
Representative Edgmon  are well taken.   Specifics will  be added                                                               
and brought back to the committee.                                                                                              
                                                                                                                                
9:51:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MUNOZ  inquired   whether  alternative   pathway                                                               
concepts will  be brought as  options to students early  in their                                                               
high school career,  possibly ninth grade, or does  it only apply                                                               
to post graduation.                                                                                                             
                                                                                                                                
COMMISSIONER  LEDOUX explained  that the  regulations to  support                                                               
the program  may require five year  plans for students.   It will                                                               
be important to begin early  to invite, and educate, children and                                                               
their  families about  attaining a  GPS award.   The  alternative                                                               
pathway  is not  intended  to  allow less  rigor,  but rather  to                                                               
recognize that one path does not fit everyone's situation.                                                                      
                                                                                                                                
9:54:36 AM                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX moved to page  8, line 23, and read [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     (a)   The   following    institutions   are   qualified                                                                    
     postsecondary  institutions:     (1)  a  university  or                                                                    
     college  physically located  in the  state that  is (A)                                                                    
     authorized to operate in the  state under AS 14.48.020,                                                                    
     or exempt from  authorization under AS 14.48.030(b)(1);                                                                    
     and   (B)  accredited   by  a   regional  accreditation                                                                    
     association;                                                                                                               
                                                                                                                                
9:55:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  said,  "On  lines 26  and  27 it  says                                                               
authorized to  operate in the  state under this statute,  ... but                                                               
then it says  exempt from authorization," and asked  to what that                                                               
would apply.                                                                                                                    
                                                                                                                                
9:55:24 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON directed the department  to provide that information                                                               
to  the committee.   He  said  another question  is the  language                                                               
[page 8,  line 25]  which stipulates  "physically located  in the                                                               
state."   An on-line  virtual school,  located outside  of Alaska                                                               
would not qualify, he surmised.                                                                                                 
                                                                                                                                
COMMISSIONER LEDOUX said that is correct.                                                                                       
                                                                                                                                
9:56:06 AM                                                                                                                    
                                                                                                                                
COMMISSIONER LEDOUX, continuing on pages  8 and 9, line 29-31 and                                                               
1-16  respectively,  read  paragraph  (2)  and  paraphrased  from                                                               
subsection (b), which read [original punctuation provided]:                                                                     
                                                                                                                                
     (2) a  career and  technical school  program physically                                                                    
     located in the  state that has been included  on a list                                                                    
     of  certified  career  and  technical  school  programs                                                                    
     received  from the  Department of  Labor and  Workforce                                                                    
     Development; the  commission shall publish the  list on                                                                    
     or   before  September   1   of   the  year   preceding                                                                    
     enrollment.(b)  The Department  of Labor  and Workforce                                                                    
     Development shall, in  consultation with the Department                                                                    
     of Education  and Early Development,  adopt regulations                                                                    
     under AS  44.62 establishing  criteria under  which the                                                                    
     Department  of Labor  and  Workforce Development  shall                                                                    
     certify  career and  technical school  programs in  the                                                                    
     state  as eligible  to participate  in  the career  and                                                                    
     technical school scholarship program.   The criteria to                                                                    
     be  considered   under  this  subsection   include  the                                                                    
     following:  (1) the quality of the job-training program                                                                    
     offered  by the  career and  technical school;  (2) the                                                                    
     employability of  a graduate of the  program, including                                                                    
     whether  the  program  results   in  a  certificate  or                                                                    
     license that  is recognized by  the industry  for which                                                                    
     the training prepares the student;  (3) whether jobs in                                                                    
     the  industry  for  which  the  training  prepares  the                                                                    
     student are  available or expected  to be  available in                                                                    
     the   future  in   the   state;   (4)  other   criteria                                                                    
     established by  the Department  of Labor  and Workforce                                                                    
     Development in regulation.                                                                                                 
                                                                                                                                
COMMISSIONER LEDOUX  underscored that the  intent is for  EED and                                                               
DLWD to work together and  ensure that qualifying schools deliver                                                               
what the state, and students, expect.                                                                                           
                                                                                                                                
9:56:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BUCH  queried  what form  that  partnership  will                                                               
take; an MOU (memo of understanding) perhaps.                                                                                   
                                                                                                                                
COMMISSIONER   LEDOUX  understands   that  this   requirement  is                                                               
stipulated in statute, negating then need for an MOU.                                                                           
                                                                                                                                
CHAIR  SEATON   clarified  that  this  establishes   a  statutory                                                               
requirement  for  consultation  between the  two  departments  on                                                               
development  of  the  criteria.    He  asked  whether  apprentice                                                               
programs are included or eliminated.                                                                                            
                                                                                                                                
COMMISSIONER   LEDOUX  said   an  apprenticeship   will  not   be                                                               
eliminated if  it is an approved  program.  He conceded  that the                                                               
question  has not  previously been  posed, and  offered to  bring                                                               
further information to the committee  on how apprenticeships will                                                               
be handled and  whether the term "school  program" is appropriate                                                               
for paragraph (2).                                                                                                              
                                                                                                                                
9:59:52 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  LEDOUX referred  to page  9, line  17 (c)  and read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     (c) A  postsecondary institution is  physically located                                                                    
     in  the  state  if the  campus,  teachers,  classrooms,                                                                    
     school  administrators, and  equipment used  to provide                                                                    
     the education  to the  students are  physically present                                                                    
     in the  state.  Use  of virtual, electronic,  or online                                                                    
     materials by teachers in the  state does not disqualify                                                                    
     a postsecondary  institution even if the  materials are                                                                    
     generated    outside   the    state.       However,   a                                                                    
     correspondence, virtual, electronic,  or online program                                                                    
     that  is administered  from outside  the  state is  not                                                                    
     physically located in the state  even if the program is                                                                    
     delivered by teachers or equipment in the state.                                                                           
                                                                                                                                
10:00:30 AM                                                                                                                   
                                                                                                                                
COMMISSIONER  LEDOUX continued  to Sec.  14.43.840 [page  9, line                                                               
25], stating  that this deals  with the application of  the award                                                               
and the role of the  [postsecondary] commission.  He specifically                                                               
noted the language in subsection (b), which reads:                                                                              
                                                                                                                                
     Payment of  a scholarship is subject  to appropriation.                                                                    
     If  insufficient  funds  are appropriated  to  pay  all                                                                    
     eligible   scholarships,  the   commission  shall   pay                                                                    
     existing awards on a pro rata basis.                                                                                       
                                                                                                                                
10:01:03 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  EDGMON  indicated  that  this  is  an  important,                                                               
sleeper provision of the bill.                                                                                                  
                                                                                                                                
COMMISSIONER LEDOUX agreed, and said  the contract allows for six                                                               
years  of  eligibility,  and  that  must be  kept  in  mind  when                                                               
appropriating funds.                                                                                                            
                                                                                                                                
10:01:52 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE P.  WILSON concurred that  this will be  a promise                                                               
made to  students who are working  hard to qualify, and  it would                                                               
be devastating to not provide funding.                                                                                          
                                                                                                                                
CHAIR SEATON said if anyone has a different means to address                                                                    
this, an amendment would be welcomed.  He then stated that HB
297 would be held for further consideration.                                                                                    

Document Name Date/Time Subjects
HB 297 GPS Materials.pdf HEDC 2/3/2010 8:00:00 AM
HEDC 2/12/2010 8:00:00 AM
HEDC 3/1/2010 8:00:00 AM
HB 297
GPS Powerpoint.pdf HEDC 2/3/2010 8:00:00 AM
HEDC 2/12/2010 8:00:00 AM
HB 297
HB 206 Version P February 4, 2010.pdf HEDC 2/5/2010 8:00:00 AM
HEDC 2/10/2010 8:00:00 AM
HEDC 2/12/2010 8:00:00 AM
HEDC 2/19/2010 8:00:00 AM
HEDC 3/1/2010 8:00:00 AM
HEDC 3/8/2010 8:00:00 AM
HEDC 3/17/2010 8:00:00 AM
HB 206
HB 206 version P Sponsor Statement February 4, 2010.docx HEDC 2/5/2010 8:00:00 AM
HEDC 2/10/2010 8:00:00 AM
HEDC 2/12/2010 8:00:00 AM
HEDC 2/19/2010 8:00:00 AM
HEDC 3/1/2010 8:00:00 AM
HEDC 3/8/2010 8:00:00 AM
HEDC 3/17/2010 8:00:00 AM
HB 206
AKWIN training slides inContext1-2010.ppt HEDC 2/12/2010 8:00:00 AM
HB 206
22 Taylor plan programs an analysis.doc HEDC 2/12/2010 8:00:00 AM
HB 297