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Update: May 11, 2004 4:40 p.m.
Committee members began by hearing briefly from members of the public speaking for and against Yecke's confirmation. The panel then engaged the commissioner in a long discussion covering a wide-ranging array of issues, including high-stakes testing, the impact of the No Child Left Behind (NCLB) Act on Minnesota education, the Minnesota Student Survey, all-day kindergarten, early childhood education and balancing the interests and desires of the education establishment, parents and state policymakers. Committee members also discussed Yecke's professional writings, including a recent book, and department activity during the first year of the commissioner's tenure.
Sen. Geoff Michel (R-Edina) said the discussion had focused heavily on matters of style. Some people have expressed a desire for the commissioner to be a healer or a bridge-builder, he said, but we have yet to hear that Yecke lacks the appropriate experience or qualifications to be commissioner of education. While committee members and some in the public have policy differences with the governor, Michel said, "we should not transfer the policy debate onto the shoulders of the governor's commissioner." Sen. Gen Olson (R-Minnetrista) said policymakers should not cast aside anyone who is committed to improving education. "No one has been more engaged and faced with more issues than this commissioner," she said.
Education is a polarizing issue at all levels, and having a debate over policy is not unhealthy, said Sen. David Hann (R-Eden Prairie). Saying that only one set of ideas or one perspective is not polarizing or not divisive is improper, he said. Hann said it is not the Senate's job to conduct a performance evaluation of the commissioner. That is governor's job, he said, since he appointed her and he can dismiss her. No one has been more vigorous in opposing state compliance with NCLB and the governor's support for the federal law, Sen. Michelle Bachmann (R-Stillwater) said of herself. The significant policy disagreement, however, has not lessened her support of Yecke, Bachmann said. She said Senators should respect the process that brought the governor and commissioner to power. It is now our job to make the arguments that their policies are wrong where it comes to NCLB, Bachmann said.
The qualifications to be a commissioner are broader than items on a resume, said Sen. Jane Ranum (DFL-Mpls.). The challenge for the commissioner is to address what is causing polarization over education policy, she said. Sen. Sandra Pappas (DFL-St. Paul) said she was not sure who the "real" Yecke was. It is clear, Pappas said, that the commissioner is bright and articulate, but there are many contradictions in her statements and writings. To be effective as an education commissioner, she said, Yecke needs to be able to bring people together, not just say that she wants to bring them together.
Sen. David Tomassoni (DFL-Chisholm) said the hours the committee has devoted to the confirmation are indicative of a broader problem. Something very polarizing is going on in Minnesota over education issues, he said. Sen. LeRoy Stumpf (DFL-Thief River Falls) suggested that one way to depoliticize education is to re-establish the Board of Education, which was dissolved in 1998. Kelley said that while it is important for the commissioner to recognize that she is at the center of a perfect storm of education issues, she is not alone in that position. Parents, teachers, students and even lawmakers are faced with the same issues and pressures, he said. Both the governor and the Senate have powers, not rights, in the appointment process, Kelley said, and both need to act responsibly. He said he was concerned about language used by Yecke and others indicating an inherent conflict between teachers and the broader community. No indications of any real conflict present themselves, Kelley said. "I don't think teachers want something fundamentally different from parents," he said. Kelley said he is not looking for a healer as commissioner, but that the commissioner should not be an active divider of Minnesotans.
The panel rejected, on similar 4-6 roll call votes, motions to recommend the Senate confirm Yecke and to make no recommendation to the Senate. Committee members then approved, 6-4, a motion to recommend the Senate not confirm the commissioner.
The panel approved the appointments of Wilfred Antell, Ann Curme Shaw, Tyler Despins, Cheryl Dickson, Ivan Dusek, Clarence Hightower, Robert Hoffman, Vincent Ijioma, Lewis Moran, David Paskach and Shaun Williams to the Board of Trustees of the Minnesota State Colleges and Universities. The committee also approved the appointments of Kathryn Balstad Brewer, Gary Benson, Christopher Nelson and Michael Ranum to the board of the Minnesota Higher Education Facilities Authority (HEFA). HEFA assists institutions of higher education in financing construction projects, renovating existing buildings or purchasing capital equipment through the sale of tax-exempt revenue bonds. The appointments now await confirmation by the full Senate.
Sen. Steve Kelley (DFL-Hopkins), chair of the committee, said he hoped to address several topics as the confirmation process proceeded, including the degree of polarization in the education community that has developed in the last year around the implementation of the governor's agenda, the politicization of Department of Education (MDE) appointments, the integrity of the process of interpreting and executing laws, the state's response to the No Child Left Behind Act (NCLB) and how MDE describes the state's attempts to comply with and change the federal law.
In a prepared statement, Yecke reviewed her background and her approach to education. She noted that she is native Minnesotan, but has spent most of her adult life outside the state, because her husband was in the Marine Corps. Yecke was educated at the University of Hawaii, the University of Wisconsin and the University of Virginia. She taught in middle and high schools in Virginia and Wisconsin, served on the Virginia Board of Education, was named deputy secretary and secretary of education in Virginia and, most recently, served in the U.S. Department of Education (USDE).
It is important to listen to and share information with educators, Yecke said, and to involve the public in major education policy changes. She said a reorganization of the department allows for greater emphasis on outreach and addressing the achievement gap. While noting how well Minnesota students perform overall, Yecke said, MDE must make known the extent of the achievement gap. "We cannot rest on our achievements in the aggregate," she said. The gap is not a figment of anyone's imagination, she said, but can be triangulated from any number of data sources. "My vision is to have a system that meets the needs of all children," she said. The department has been successful in negotiating with USDE for flexibility in Minnesota's plan to comply with NCLB. MDE is also in discussions regarding using a value-added approach to student achievement, she said. "My vision is to have a system that is responsive to the desires of parents, one that is innovative and creative," Yecke said.
Legislators in both bodies and many citizens are deeply concerned about NCLB, said Sen. LeRoy Stumpf (DFL-Thief River Falls). Both bodies are advancing legislation to opt out of the federal requirements, he said, but MDE seems to be vigorously defending NCLB. Yecke said the federal law introduces accountability to a system that has poured $120 billion into education since the 1960s. "I will not go against state law," Yecke said, if the Legislature determines to opt out. However, she said, a recent report showed that only 17 percent of superintendents support the move. Losing any money hurts districts, she said, and losing the federal money attached to NCLB will be painful. Sen. Michele Bachmann (R-Stillwater) said a commissioner can only follow the law and implement policy established by the governor. The governor's policy, Bachmann said, has been to uphold NCLB.
Panel members heard from several members of the public supporting Yecke's appointment. Janet Dolan, chair of the Minnesota Business Partnership, said the education system must change to meet the needs of the future. To enact that change, she said, an education commissioner must be a strong advocate for challenging the status quo. Mark Chronister, a member of the Business Partnership, said Yecke is the sort of talented, energetic and committed person needed in the post. Stu Lade, a Brainerd teacher, said Yecke is insightful, approachable and responsive to the needs of classroom teachers. We cannot allow our partisan differences to affect the education of our children, said Ron Hill, a Burnsville-Eagan-Savage school board member. The governor set a high bar for a commissioner, he said, and Yecke is superbly qualified. The question is not if Yecke is the best education commissioner ever or if her performance has been flawless, said Dennis Rettke, executive director of the Minnesota Rural Education Association. What is important is that we have an active commissioner who has been strong and consistent, he said.
Several members of Parents United spoke against confirming Yecke. Christy Hlavacek, a Stillwater parent, said a leader that divides us does nothing to further the goals of quality education. A commissioner should support programs that work, while also promoting change in problem areas, she said. Early childhood education has been proven to help close the achievement gap, Hlavacek said, but Yecke has openly questioned the importance and value of early childhood programs. Hlavacek said the standards process used by the commissioner was flawed. The development of new standards should have been put in the hands of professional educators, she said. Lisa Pederson, also a member of Parents United, said the standards process was politicized. Too little credence was given to the opinions of educators, Pederson said, while too much was given to the opinions of people with a clear political agenda. Mary Cecconi, also affiliated with Parents United, said the commissioner is a selective listener. Contrary to Yecke's easy-going talk about diverting funds and getting grants, Cecconi said, school districts do not have enough money to meet the new requirements imposed by NCLB.
Carrie Lucking, a teacher at Hopkins High School, said the Alliance to Block the Commissioner has collected over 4,000 signatures of people opposed to Yecke's confirmation. She said MDE has engaged in a campaign of active misinformation and has used half-truths to support its policies. We know anyone appointed by the governor will carry out his agenda, Lucking said. The opposition to Yecke, she said, isn't about the governor's agenda, but about the commissioner's performance.
Sen. David Hann (R-Eden Prairie) said the commissioner is doing what she needs to do: implement a difficult law, NCLB. The standards drafted under the commissioner were created in public and complied with legislative mandates, he said. If we are to examine Yecke's performance, he said, she has done what we told her to do. Sen. Gen Olson (R-Minnetrista) noted that none of the examples used to demonstrate alleged misinformation from the commissioner actually contain any dishonest statements.
Kenneth LaCroix, Daniel Sullivan and Ann Zweber Werner were considered for the Board of School Administrators. Rosemary Crowe-Campos, Dee Grover-Thomas, Allen Hoffman, Renee Jesness and Richard Tschida were approved for membership on the Board Teaching. Seven appointments were approved for the Board of the Perpich Center for Arts Education: Mark French, Penny Johnson, Mohammed Lawal, Jane B. McWilliams, Sonja Peterson, Dan Reigstad and Marjorie Barton Savage.
The bill includes provisions in other bills heard by the panel this year. Among the proposals are new academic standards for world languages and physical education, a requirement for school districts to adopt policies to combat bullying, permission for students to carry prescribed non-syringe injectors of epinephrine and nonprescription pain relievers, provisions for new sponsoring organizations for charter schools and the replacement of the Minnesota Comprehensive Assessments with the Measures of Academic Progress tests. The bill also mandates that the new social studies standards to be adopted by the Dept. of Education be the recommendations of the Minnesota Council for the Social Studies, rather than the recommendations of the Academic Standards Committee formed by the commissioner. The science standards, under the bill, are the recommendations of the Academic Standards Committee.
S.F. 2802 permits students to improve their athletic ability by having other opportunities to practice and compete, said Chief Author Linda Scheid (DFL-Brooklyn Park). Roxane Akradi, a senior at Eagan High School who has qualified for Olympic trials, said her high school swimming team only practiced six times a week. An outside club in which she participated, she said, practiced 11 times a week. To be more competitive and to have a chance at breaking records, Akradi said, extra practices and competition at a higher level are absolutely necessary. She said swimmers cannot practice alone, since pool time is at a premium. Scheid said parents are the best judges of students' limits. The state should not arbitrarily limit student accomplishment, she said.
David Stead, executive director of the Minnesota State High School League, said current rules permit students to get outside lessons during the season. He said the issue addressed by the bill was not raised with the league until very recently. League schools have been flexible in dealing with the issues that have arisen over the years, Stead said, and will respond to this issue as well. He urged the committee to trust the process used by the MSHSL. "When you assure me your process works, I have a hard time believing you," said Committee Chair Steve Kelley (DFL-Hopkins). If the process worked, Legislators would not have to introduce bills solving the problem for the league just to get a response out of the league, he said. The rule preventing students from participating in outside activities appears designed to protect a coach's career record, not to protect students, Kelley said.
The bill was laid over for possible inclusion in the committee's omnibus education policy bill.
Members also considered three other bills. S.F. 2048, carried by Kelley, creates a demonstration project for equipping all students in a school with a wireless laptop. Another Kelley bill, S.F. 2975, provides grants for site-based achievement contracts and for implementing innovative school personnel methods. Both bills were approved for inclusion in the omnibus bill. S.F. 2680, sponsored by Sen. Yvonne Prettner Solon (DFL-Duluth), specifies the duty of care of a regular route transit bus driver to passengers. Joel Carlson, Minnesota Trial Lawyers Association, said the bill sets different standards for students riding school buses and transit buses. Students should be equally protected when going to school, he said. The bill was laid on the table.
The panel then began the process of assembling the omnibus bill. S.F. 2026, carried by Kelley, is the vehicle for the omnibus bill. Members adopted several provisions heard earlier in the year into the omnibus bill. No final action was taken on the omnibus bill.
Members discussed a bill, S.F. 2109, providing an alternative teacher training program for qualified professionals. Sen. David Hann (R-Eden Prairie), chief author of the measure, said the bill is a way to attract mid-career individuals to the teaching field. In addition, Hann said, the measure is also a way to attract more minorities to the field. The bill provides that the program may be offered in any instructional field and lays out the requirements for someone to participate in the program. Under the bill, the applicant must have a bachelor's degree from an accredited four-year postsecondary institution, have an undergraduate major or post baccalaureate degree in the subject to be taught, have a minimum of five years of professional employment in a subject area related to the subject area in which the applicant is seeking licensure and pass an examination of skills in reading, writing and mathematics.
Supporters argued the measure was one way to be more creative and get members of communities of color into the teaching field. Opponents said there are already alternative ways of obtaining a teaching license and that the quality of teaching might be compromised.
The measure was laid on the table for possible inclusion in the omnibus bill.
In other action, the committee re-referred one bill to the State and Local Government Operations Committee. S.F. 2202, sponsored by Sen. Jane Ranum (DFL-Mpls.), requires the commissioner of education to amend the rules governing the use of aversive and deprivation procedures to require that planned application of aversive and deprivation procedures only be instituted after completion of a functional behavior assessment and behavior intervention plan that is included in the individual education plan. The bill also requires school districts to report to the commissioner any use of emergency procedures and to register with the commissioner any room used for seclusion. The bill also specifies that a pupil may not be placed in seclusion except in an emergency in which no safe alternative intervention is available and then only as long as the emergency continues.
Ranum authored two additional bills. S.F. 2609, including a mental health community representative on a community transition team for youth with disabilities, was approved and recommended for placement on the Consent Calendar. S.F. 2605 requires a mental health screening when a student is suspended from school for more than 10 school days in a school year. The measure was laid over for inclusion in the omnibus bill.
The panel heard several additional bills and laid them over for possible inclusion in the omnibus policy bill. S.F. 708, sponsored by Sen. Steve Dille (R-Dassel), specifies that a school board that has declined to renew the coaching contract of a head varsity coach must give the coach timely notice. In addition, the bill provides that if the coach requests reasons for not renewing the contract, the board must give the coach its reasons within 10 days of receiving the request. S.F. 2221, sponsored by Sen. Sheila Kiscaden (IP-Rochester), modifies the swimming pool requirement for high school diving competitions. S.F. 2029, carried by Sen. Gen Olson (R-Minnetrista), provides for a value added assessment program to measure growth in student academic achievement. S.F. 2794, authored by Sen. Geoff Michel (R-Edina), allows Sobriety High to limit admission to chemically dependent students who have completed a licensed treatment program. Several members expressed concern about the idea of restricting access to a public charter school, but the committee decided to lay the bill over for further consideration.
The author of the measure, Sen. Charles "Chuck" Wiger (DFL-North St. Paul), said that, "It's important within the learning environment for all students to hear. If a student is unable to hear in the classroom, they are at a disadvantage."
The bill, S.F. 2296, was laid on the table for later consideration as part of the omnibus education policy bill.
The committee also delayed action on a bill requiring school districts that charge transportation fees to ensure no pupil is denied transportation due to the inability to pay. The measure, S.F. 2107, sponsored by Sen. David Hann (R-Eden Prairie), also limits any increase in transportation fees to the actual increased costs of providing the transportation service.
In other action Thursday, the committee afforded the public the opportunity to comment on the proposed science and social studies standards. As a result of the federal No Child Left Behind Act, states must develop performance standards for schools and students to achieve. Last year, the Legislature approved standards for language arts, reading and mathematics. Science and Social Studies standards have yet to be approved.
One concern raised by teachers and education officials is the volume of standards in all learning areas that are being proposed. Tom Tapper, superintendent from the Marshall Schools, said, "We are concerned that there will not be the opportunity to do it."
Sen. Steve Kelley (DFL-Hopkins), chair of the committee, said that the committee has posted on their web page three alternatives to the proposed Social Studies Standards issued by the Minnesota Dept. of Education. He explained that in addition to acting on the science standards, they will take action next week on one of the three social studies standard alternatives or the department's proposal.
S.F. 1853, sponsored by Sen. LeRoy Stumpf (DFL-Thief River Falls), is a resolution requesting Congress provide states with more flexibility in implementing the No Child Left Behind Act (NCLB). S.F. 1921, authored by Sen. Michele Bachmann (R-Stillwater), requires the Legislature to affirm the state's implementation of NCLB by June 1, 2004. If the Legislature does not affirm implementation of the federal law, under the bill, the Dept. of Education is prevented from implementing the requirements and any contracts required to implement NCLB are voided.
Jan Alswager, Education Minnesota, said NCLB wastes precious state resources by increasing bureaucracy, adding more standardized tests and creating additional paperwork for educators. What students need, she said, is more individualized attention, not a law taking power out of the hands of parents, educators and local officials.
S.F. 1853 was sent to the Senate floor. S.F. 1921 was re-referred to the Finance Committee, where it was requested for a review of the net financial impact of failing to implement the federal law.
In other action, committee members, led by Sen. Steve Kelley (DFL-Hopkins), considered a bill replacing the Minnesota Comprehensive Assessments (MCA) with another standardized test. S.F. 2886, carried by Sen. Sharon Marko (DFL-Cottage Grove), replaces the MCA tests with the Measures of Academic Progress (MAP) system developed by the Northwest Evaluation Association (NWEA), an Oregon-based company. Gage Kingsbury, director of research for NWEA, said the MAP system has been customized to meet the content standards of 48 states, including Minnesota. MAP tests are computer adaptive, or dynamic, so that questions get harder as a student does well, or get easier as a student does poorly, he said. Kingsbury said each test includes a pool of between 1,000 to 2,000 questions, but any one student will see about 50 questions. We cannot legislate parental involvement in a child's education, Marko said, but we can provide parents with tools to make involvement easier. The MAP tests are such a tool, she said. Charlie Kyte, Minnesota Association of School Administrators, spoke in support the bill. He acknowledged possible challenges in complying with NCLB if Minnesota adopts the MAP tests and the general difficulties of "changing testing horses midstream." Mahtomedi Superintendent Mark Wolak said the MAP tests help teachers assist students. These tests are a lever for positive change, he said. S.F. 2886 was laid over for possible inclusion in an omnibus education policy bill.
S.F. 2167, authored by Sen. Becky Lourey (DFL-Kerrick), bans school districts from selling carbonated beverages as part of or in competition with the school lunch program, from placing vending machines in school cafeterias and from allowing the consumption of carbonated beverages in classrooms. The bill also requires districts to turn off vending machines during lunch hours, to keep the prices of carbonated beverages offered at or above the prices of nutritional beverages, to create a School Nutrition Advisory Council and to encourage students to drink milk and other nutritional beverages. Elementary schools must not allow the sale, advertising or consumption of sweetened beverages on school property during school hours, under the bill. Lourey said obesity is overtaking smoking among the leading causes of preventable death. Encouraging students to consume healthy beverages and restricting their access to soda, fruit drinks and other beverages addresses a serious public health concern, she said. Dr. Dick Diercks, Minnesota Dental Association, and Dr. Jeff Schiff, Minnesota Medical Association, discussed the health dangers of excessive consumption of carbonated and sweetened beverages.
Representatives of education associations and vending companies spoke against the bill, saying districts are already taking action. As schools recognize the problem, they are responding, said Charlie Kyte of the Minnesota Association of School Administrators. Many cafeterias are open commons, not easily-defined, enclosed spaces, he said. The provision prohibiting sales in elementary schools also bans vending machines in staff lounges, Kyte said, and no elementary school currently has vending machines available to students. The vending industry and school districts are already working together, he said. Bonnie Barrer, Midwest Coca-Cola Bottling, said many districts see a majority of their vending sales come from water, juices and re-hydrating sports drinks. The industry works with every district to meet its needs and concerns, she said.
The bill arrogantly assumes that school boards and parents will not handle the problem, said Sen. David Hann (R-Eden Prairie). Local officials and parents are capable and do want to do the right thing, he said. At the state level, Hann said, we can only make one-size-fits-all policy that might, in the end, fit only a few situations. Sen. David Tomassoni (DFL-Chisholm) said Lourey is "winning the war," because districts and the industry have recognized the issue. However, he said, legislation often has unintended consequences. Kelley said districts have struck a Faustian bargain, earning money for educational programs by essentially encouraging students to consume potentially harmful products.
In other action, the panel considered two other measures. S.F. 2494, sponsored by Sen. Sharon Marko (DFL-Cottage Grove), allows the colors fluorescent yellow, fluorescent yellow-green and blaze orange to be used for school safety patrol accessories and flags. The bill was sent to the Senate floor. S.F. 2026, carried by Kelley, is the Department of Education's administrative policy bill. The measure includes several proposals, many of which are primarily technical. The bill also authorizes the commissioner of education to adopt rules relating to new social studies and science standards. S.F. 2026 was re-referred, without recommendation, to the Judiciary Committee for a review of data practices provisions.
S.F. 2443 permits districts to offer comprehensive sexual education programs in K-6 classrooms and requires the programs in grades 7 through 12. The bill, carried by Sen. Sandra Pappas (DFL-St. Paul), defines comprehensive family life and sexual education as education that respects community values, encourages family communication and develops skills in communication, decision making and conflict resolution. Comprehensive sexual education, under the bill, contributes to healthy relationships, provides age appropriate and medically accurate human development and sexuality education, promotes responsible sexual behavior-including abstinence, use of protection and contraception-and promotes individual responsibility. The bill permits parents to excuse children from all or part of the program and to inspect the materials used in the program. S.F. 2443 also permits the Dept. of Education to contract with local health agencies or nonprofit organizations to assist school districts in implementing comprehensive sex education programs.
The bill aims to do better than what is currently being accomplished under the state's sexual education curriculum requirement, Pappas said. S.F. 2443 makes sure the law delivers what parents want, what districts need and what we know works, she said. Studies have shown that comprehensive sex education does not lead to increased sexual activity among teens, Pappas said, but that it actually delays intercourse. Committee members adopted an amendment, offered by Pappas, requiring districts to establish policies to restrict access to materials used in the program by students who have been excused from the program. Nancy Nelson, Sexuality Education for Life-Minnesota, said Minnesota has witnessed a dramatic decline in infection and pregnancy, representing a decrease in sexual activity and safer habits among teens. Even so, she said, 50 percent of high school seniors are sexually active. Comprehensive sexual education address adolescents complex lives, Nelson said, promotes responsible behavior and emphasizes abstinence. Bob Tracy, Minnesota AIDS Project, said the program envisioned by S.F. 2443 will continue current trends-decreasing sexual activity and increasing sexually active teens' communication with their partners and their use of contraceptives. No one is a position to say that comprehensive sex education will meet specific numeric goals in sexual activity or unintended pregnancies, Tracy said. The current structure is producing favorable results, Sen. David Hann (R-Eden Prairie) said. To make the case for change, he said, proponents need to demonstrate change will result in improvements.
In other action, committee members considered three other bills. S.F. 2183, authored by Kelley, modifies the funding for online learning programs. The bill was re-referred to the Finance Committee. S.F. 800, also carried by Kelley, provides for alternative school district organization. Kelley said the bill is meant to encourage the development of an integrated K-12 system of charter school education. Sen. Geoff Michel (R-Edina) also sponsored a bill relating to charter schools. S.F. 2324 allows charter school students to participate in their resident school district's extracurricular activities, permits the commissioner of education to sponsor charter schools and removes a requirement that teachers have majority membership on charter school boards. Charter school students spoke in support of the bill, saying they should not be required to choose between the greater academic comfort offered by a charter school and the ability to participate in extracurricular activities. Representatives of school boards and Minnesota State High School League raised concerns regarding the implementation of specific provisions in the bill. Both S.F. 800 and S.F. 2324 were laid over for possible inclusion in an omnibus education policy bill.
S.F. 1882, authored by Sen. David Tomassoni (DFL-Chisholm), adds physical education and health as academic standards, and requires instruction in the subjects, in public schools. Kathryn Schmitz, an assistant professor of epidemiology at the University of Minnesota, reviewed information about the rising incidence of obesity in the nation, especially among youths, and about studies examining the effectiveness of physical education. S.F. 1742, carried by Sen. Sandra Pappas (DFL-St. Paul), adds world languages as an academic standard. Instruction in world languages, she said, leads to higher achievement levels on standardized tests. Compelling cases can be made for requiring instruction in physical education, world languages and a host of other areas, said Scott Croonquist of the Association of Metropolitan School Districts. There is a long list of instructional areas schools have added over the years, he said, while no time has been added to the school day. School boards are empowered, and should be trusted, to make decisions and choices regarding issues such as what to offer in classrooms, the size of classes and fees to be charged. Grace Schwab, Minnesota School Boards Association, said school boards already have difficult funding decisions to make without the pressure of additional requirements. Charlie Kyte said the Minnesota Association of School Administrators must reluctantly oppose the bills because schools are already boxed in by mandates. S.F. 1882, Kyte said, roughly doubles the amount of instructional time devoted to physical education.
In other action, the panel re-referred S.F. 1760 to the Commerce Committee. Sponsored by Sen. Linda Berglin (DFL-Mpls.), the bill is aimed at containing health care costs. Two provisions in the bill were before the committee. One requires clinical medical education programs that train pediatricians, and that seek MERC funds, to include in their program curricula training in medication management for children suffering from mental illness. The other provision creates a task force to make recommendations on the role of public schools in improving the health status of children.
S.F. 1660, authored by Sen. Linda Scheid (DFL-Brooklyn Park), requires the district to either split into six single-member election districts or submit the question of splitting into the six districts to its voters at the 2004 general election. Scheid, whose Senate district includes most of the eastern half of the school district, said no school board members live in the eastern portion of the district. The east side, she said, has serious economic and cultural issues that the west side of the district does not face. Scheid acknowledged that five of the six at-large members oppose the proposal. However, she said, the eastern portion of the district needs fair representation on the school board to ensure that its needs are understood and met. Sen. Warren Limmer (R-Maple Grove), whose Senate district includes most of the western portion of the school district, said the Osseo School District has elected its entire board at-large for 130 years. This is the first time that the eastern side of the district has lacked representation on the board, he said. Limmer said he has not been contacted by any constituents requesting the school district change its elections procedure. State law allows citizens to petition for a change in school board elections, he said, and seek a ballot question. Limmer said the threshold in state law required to put the question on the ballot is just over 500 signatures in the Osseo district. S.F. 1660 is offered with good intentions, he said, but it is not needed. Approving the bill, Limmer said, sets a bad precedent for state intervention in local issues. Scheid said current law was not sufficient. Presented with the petition, she said, the board could choose a plan other than six single-member districts, such as three districts and three at-large members. "I want half the population to have half the seats," Scheid said.
In other action, committee members heard three other bills. All three bills were also laid over. S.F. 2070, sponsored by Sen. Gary Kubly (DFL-Granite Falls), provides that school board members employed by the school district must not be paid more than half the average salary of district employees. Kelley carried a bill, S.F. 1873, expanding the list of eligible charter school sponsors to include the Perpich Center for Arts Education. Sen. Tom Saxhaug (DFL-Grand Rapids) carried S.F. 1844, which permits school boards to establish employee recognition programs. Tom Deans, Minnesota School Boards Association, said the Attorney General's Office and State Auditor's Office have advised school districts that spending on employee recognition programs serves no public purpose. Counties, he said, have specific statutory authorization to engage in employee recognition, and school districts have been advised to seek the same authority.
S.F. 2036, authored by Sen. Geoff Michel (R-Edina), permits school districts, charter schools or state approved alternative programs to waive the school attendance requirement for driving privileges. The measure requires applicants, who are under the age of 18, to present certificates of school attendance in order to receive instruction permits, motorcycle licenses or drivers licenses. The bill also provides for the cancellation of permits or licenses when students are reported truant or have been expelled. A student whose driving privileges may be cancelled may, under the bill, request a hardship waiver from the school district superintendent.
Eighteen other states have enacted similar laws, Michel said, and Florida has reported significant improvements in student attendance. While the proposal might have been too expensive several years ago, he said, it is now much cheaper to implement. Government has been brought online at all levels, Michel said, and the bill takes advantage of that reality by providing for electronic communication between schools and the Dept. of Public Safety. Assistant Commissioner Mary Ann Nelson, Dept. of Education, said there is a significant relationship between a student's attendance and future needs for remediation. Providing students with an incentive to attend school will save money in the long term, she said.
Attendance is important, Roger Aronson said, and the Minnesota Association of Secondary School Principals was initially excited about the proposal to link driving privileges with student attendance. However, he said, support dwindled as the proposal was put on paper. He said the association will recommend districts opt out of the proposal because of the paperwork required. It is a large reporting burden, electronically submitted or not, Aronson said, to catch a very small group of truant students.
The Minnesota Association of School Administrators, however, supports the proposal, according to Charles Kyte. He said schools and educators are looking desperately for ways to keep students in school. While the proposal will require extra effort, the exertion is worth it, Kyte said. Jim Bartholomew, Minnesota Business Partnership, said the financial consequences on students of not attending school and eventually not graduating are immense and lifelong.
Committee members also considered five other bills. All the measures were laid over for possible inclusion in the committee's omnibus policy bill. S.F. 311, carried by Sen. Charles "Chuck" Wiger (DFL-North St. Paul), improves student access to services that support academic success. Sen. Mady Reiter (R-Shoreview) sponsored two measures. S.F. 1880 allows students to carry non-syringe injectors of epinephrine, a drug used to combat severe allergic reactions. S.F. 1881 permits students to carry and use nonprescription pain relievers. S.F. 1989, authored by Sen. Thomas Bakk (DFL-Cook), requires children under the age of seven to complete kindergarten before entering first grade. The bill is effective beginning with the 2005-2006 school year. Sen. Rod Skoe (DFL-Clearbrook) carried S.F. 258. The bill transfers authority over the Indian scholarship program from the commissioner of education to the Higher Education Services Office.
Sen. David Gaither (R-Plymouth) carried S.F. 2135, commonly referred to as the "Super Teachers" proposal. The measure creates a five-year pilot project for low-performing public schools with high numbers of disadvantaged students. Three schools will be selected-one from either Minneapolis or St. Paul, one from the suburban Metro Area and one from Greater Minnesota-by the commissioner of education to participate in the pilot project, under the bill. Schools participating in the pilot project are under the direction of their principals, or teacher cooperatives assuming the responsibilities of principals, in determining educational focus and curriculum, budgets, operating procedures and the hiring of licensed and nonlicensed staff. The bill exempts participating schools from most statutes and rules governing schools. Teachers working at participating schools are held harmless in their employment status with the school district. The bill provides that teachers may receive performance pay, at the discretion of the participating school's principal, with a teacher's annual salary capped at $100,000, including performance pay. The commissioner of education must report on the progress of the pilot project, including the growth of student academic achievement, to the Legislature by March 1 of each year.
Education is not business, Gaither said, but some market forces are entering the educational arena. Schools are competing for scarce resources, he said, especially students and instructors. Hiring the best people may be the single most important factor in the success of any venture, Gaither said. Deputy Commissioner Chas Anderson, Dept. of Education, said the bill creates flexibility for schools and creates a site-based management approach in the pilot project schools. Kelley said the many provisions involving consultation with, or the approval of, the commissioner of education are a departure from local control. "What this really looks like to me is the commissioner gets to run three schools," he said. However, Anderson said the commissioner has been given similar authority to oversee other pilot projects. Jim Bartholomew, Minnesota Business Partnership, said the proposal targets needs in underperforming schools.
We already have traditional public schools and charter schools, said Jan Alswager of Education Minnesota, and do not need this initiative to do anything differently. "Minnesota has thousands of super teachers right now," she said. Minnesota schools have the most qualified staff in the nation, but the state ranks 19th in teacher salary, she said. We need to pay all teachers more, Alswager said, not just a few. Merit pay has already been tried and has proved itself a failure, she said. Learning is affected by a student's home situation, health care and a host of other factors, she said, and laying the responsibility for student achievement all at a teacher's feet is unfair. Alswager said the pilot project encourages uncooperative competition among teachers in participating schools and undermines the trust between teachers and administrators. Curricula will be narrowed and teachers will focus on tests to raise student achievement, and thus increase their performance pay, she said. Alswager suggested the state focus on things that have already worked, such as rewards available to all teachers and reducing class sizes.
Sen. David Hann (R-Eden Prairie) said he did not think merit pay had been tried in schools. Merit pay works in the private sector, he said, and the proposal is an attempt to see if it can work in the educational setting. Sen. Geoff Michel (R-Edina) said the bill represents a "life preserver to some tough school situations." We have identified a problem with our schools, Gaither said, and are implementing many solutions. However, he said, it is clear we have not arrived at the perfect solution yet.
A bill requiring school districts to either provide students with differentiated instruction or to hold students back if the students are missing a high number of school days and performing below grade level was carried by Sen. Mike McGinn (R-Eagan). The measure includes a requirement for parental notification and an appeals process. Assistant Commissioner Mary Ann Nelson, Dept. of Education, said nothing a school can do is more important than to ensure that students have high quality instructors. If a student is not showing up for class, then the school is left with the residue of a student falling behind, she said. Parents need to know there are consequences for missing school, Nelson said. Tom Deans, Minnesota School Boards Association, emphasized the importance of local control. He said districts already hold students back, if necessary, and do so without a cumbersome appeals process.
Sen. Debbie Johnson (R-Ham Lake) sponsored S.F. 2206, which requires summer school for students who do not pass one of the Basic Skills Tests. A passing score on the tests is required for high school graduation. Johnson said requiring summer school lets students catch up before it is too late. S.F. 2158, authored by Sen. Michael Jungbauer (R-East Bethel), expands the Scholars of Distinction program to include mathematics, science, leadership and theater arts. To be designated scholars of distinction in an area, students must show mastery of advanced subject matter and demonstrate applied knowledge and skills.
Sen. LeRoy Stumpf (DFL-Thief River Falls) sponsored S.F. 1853, a resolution memorializing Congress to create a waiver provision in the No Child Left Behind Act (NCLB). Stumpf said the federal government has no Constitutional authority for involvement in education, but Article XIII, section 1, of the Minnesota Constitution requires the Legislature "to establish a general and uniform system of public schools [and to] make such provisions by taxation or otherwise as will secure a thorough and efficient system of public schools throughout the state." Minnesota has a proven record of high student achievement and school accountability, Stumpf said, and should be able to receive a waiver from some of NCLB's most onerous and expensive requirements. He also noted that the 1996 federal welfare reform provided waivers and flexibility for states with proven success to encourage innovation. Rep. Betty McCollum (D-Minn.), who represents the St. Paul area in Congress, said public education is being left behind under NCLB. While those who want to modify the law and encourage state innovation are approaching administration officials with proposals, she said, they are being ignored by supporters of NCLB.
"Thorough is the term I would use to describe the failure in this system," said Warren Grantham, Minnesota Education League. He said the nation has not moved closer to closing the achievement gap since the federal government got involved in education. It is time, Grantham said, for the Legislature to fix public education and encourage accountability. Sen. Gen Olson (R-Minnetrista) said it would be a good thing for the federal government to leave education fully to state and local officials, but states may not have the strength to reject federal dollars. School districts say they welcome increased accountability, said Sen. Jane Ranum (DFL-Mpls.), but they cannot meet standards without more money. "I haven't seen the commitment from the federal government to closing the achievement gap," she said. S.F. 1853 was laid on the table for further work and possible amendments.
S.F. 1921, carried by Sen. Michele Bachmann (R-Stillwater), requires all state plans, agreements and contracts associated with NCLB compliance to be nullified and revoked on June 1, 2004, unless the Legislature specifically affirms implementation of the federal law by that date. NCLB passed on a bipartisan vote in Congress, Bachmann said, and the reaction to the law has been equally bipartisan in the states. Ohio officials determined that the state will spend about $1.5 billion to comply with NCLB, even though the federal law provides Ohio with only $44 million, she said. "I am sickened to the point of tears," Bachmann said, at the statistics on minority graduation rates. With NCLB, we will spend so much money on meeting bureaucratic requirements, Bachmann said, but the money would be far better spent improving education directly. Greg Marcus said the Minnesota Department of Education does not take positions on legislative proposals, but does have some fiscal concerns with the bill, including details relating to the non-alignment of the state and federal fiscal years. The measure was provisionally approved for inclusion in the omnibus education policy bill. Kelley said he is disinclined to send out any solitary policy initiatives, but also noted that if legislative affirmation of NCLB compliance were to occur, it might come in the same omnibus bill as the requirement.
Sen. Satveer Chaudhary (DFL-Minneapolis) carried a bill, S.F. 831, requiring school districts to implement a policy on bullying and intimidation of students. Carrie Asmus, Minnesota School Counselors Association, and Sue Abderholden, National Alliance for the Mentally Ill, spoke to the serious nature of bullying and its emotional, educational and physical effects on students. However, several members of the committee questioned the need to compel districts to address the issue. Sen. David Hann (R-Eden Prairie) said school board members are accountable to parents and aware of the problems with bullying. Grace Schwab, a former Senator, said the Minnesota School Boards Association has a model policy on bullying for districts to use. S.F. 831 was laid on the table.
The bulk of the hearing revolved around the issue of parental consent and notification. In February 2003, the U.S. Dept. of Education sent a memo to school superintendents outlining districts' obligations under federal law. In January 2004, MDE sent a memo to superintendents noting that federal law requires prior written consent from parents before the Minnesota Student Survey is administered. However, MDE sent out a memo seven days later, on Feb. 6, clarifying that districts must obtain prior parental approval only if they are using federal education funds to administer the survey. According to the later MDE memo, districts not using federal education funds can choose to give parents an opt-out opportunity or to require prior parental consent.
Deputy Commissioner Chas Anderson, MDE, said the department erred in the January statement because it believed the department had used federal education funds to prepare and administer the survey. She said closer examination revealed that while split-funded employees were involved in preparing the survey, the employees did not spend federally-funded time on the survey. When the Minnesota Student Survey was first developed in 1989, Anderson said, federal funds were used. No records exist between that time and 2001, she said, when the state was the only funding source for the survey. The 2004 survey is being funded by MDE, the Dept. of Human Services and the Dept. of Health, Anderson said. She said the other departments are using federal funds, but not money controlled by the U.S. Department of Education.
"Federal funds were dancing all around this survey," said Sen. Michele Bachmann (R-Stillwater). She said federal money was used in the preparation of the survey, in paying the split-funded employees and is using the federal health grants through the state health department. Bachmann said one reading of federal law and congressional intent is that no federal funds-administered by any federal agency, not just the U.S. Dept. of Education-can be used unless parents are asked for positive consent. However, Scott Croonquist of the Association of Minnesota School Districts said Wisconsin has interpreted federal law to mean that as long as the survey is voluntary, active consent is not needed. The Minnesota Student Survey is not required, he said, and neither is active parental consent. Laura Bloomberg, a member of the Mahtomedi School Board and parent of students in the Mahtomedi schools, said communities need to talk more, not less, about the issues addressed on the survey. Active parental consent kills activities, she said, even field trips and will make administering the survey or getting accurate results impossible. Sen. David Hann (R-Eden Prairie) said a lot of parents passively consent without knowing what is on the survey. He suggested a real public discussion of the survey would benefit from the widespread availability of the questions on the survey, either in newspapers or on MDE's website.
Mary Ann Nelson, assistant commissioner of the Dept. of Education, said Minnesota has a high quality teacher workforce. The No Child Left Behind Act (NCLB), she said, was really meant to raise teacher quality in states lacking Minnesota's high standards. Meeting the requirement to be highly qualified in the subject area they teach will be easy for over 95 percent of the state's teachers, Nelson said. The only problem Minnesota faces, she said, is its waiver or variance system, whereby teachers not normally qualified to teach in a subject area can get temporary approval from the Board of Teaching to provide instruction in the area.
In order to allow teachers working under variances to meet the NCLB standard, Nelson said, the department developed the Highly Objective Uniform State Standard of Evaluation (HOUSSE) process. Teachers are required to provide evidence in any of seven categories-including student achievement on standardized tests, awards and recognition for leadership, teaching experience in the content area, a passing score on the Praxis II content test, advanced credentials, college-level course work in the subject area or professional activities-in using the HOUSSE process to meet the NCLB standard. Nelson said the department and the Board of Teaching are considering an expanded HOUSSE process leading to regular licensure in subject areas. However, Executive Director George Mauer said the Board of Teaching has not made a decision on moving forward with the HOUSSE process.
Kelley questioned the authority of the department in creating the HOUSSE process. He said the Legislature never authorized the commissioner to establish the program and that the department may have gone around the normal rule-making process as well.
Commissioner Cheri Pierson Yecke and Kathy Wagner, Dept. of Education, reviewed the contents of school report cards and the system used to evaluate schools. The report cards provide a summary of information on schools about academic achievement, academic opportunities, safety, parent satisfaction, finances, staff characteristics and student enrollment and mobility. Yecke said one of the reasons for developing the report cards was to provide positive accountability information. Since all schools must report adequate yearly progress (AYP) information under the federal No Child Left Behind Act, and the focus of attention will be on schools not making AYP, there is a dearth of positive information about schools, Yecke said. With the report card, the focus is not only on underperforming schools, but also on schools achieving positively for their students, she said.
Jennifer Armstrong, a parent of students in St. Paul schools and president of the St. Paul Network of Education Action Teams, raised several concerns with the report cards. She said the star rating system encourages parents not to look deeper at relevant data. Realtors are also using the ratings to sell houses, Armstrong said, creating a sort of social engineering and promoting the concept of children as commodities. She said the data used in the report cards is available elsewhere and that parents can surely benefit from examining the data. Armstrong said that the data needs to be used differently and in a way that is not punitive to schools for things they cannot control, such as the mobility of their students or the financial situation of families.
"The stars don't give the full story," said Jan Alswager of Education Minnesota. Only a deeper examination of the data is a fair evaluation, she said, and parents can do that on their own. The rating system, however, preempts the evaluation, Alswager said. "What is the purpose of ranking?" she asked. Alswager said the teacher's union recommends that factual data continue to be reported, that summary information be represented graphically, that the report cards include brief narratives, that two categories-celebrations of accomplished improvement and priorities for future improvement-be added and that actual class sizes be reported. However, Education Minnesota suggests eliminating the star system, Alswager said.
Sen. David Hann (R-Eden Prairie) said that while raw data is available to parents, policymakers have a hard time communicating the information to parents with impact. The rating system, he said, communicates the data efficiently, quickly and in an easily accessible way. "The report card gets us to focus on what we are doing and what we should do," Hann said.
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