Legislature(2001 - 2002)
04/30/2002 03:08 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 464
"An Act relating to statewide school district
correspondence study programs."
RICHARD SCHMITZ, STAFF, REPRESENTATIVE JAMES, testified in
support of the legislation on behalf of the sponsor. He
explained that the legislation would address school district
correspondence study programs. The first school district
correspondence study program was the Alyeska Central School,
which delivers public education to students that are not in
"brick and mortar" schools. Correspondence study programs
have been successful and are popular with parents and
students. This year, the Department of Education and Early
Development instituted regulations that were distressing to
a number of the parents. The intent of the legislation is to
give the department direction in writing regulations.
Mr. Schmitz observed that the legislation provides for a
five-year review. The original provision was for a one-year
review, which was felt to be onerous. He pointed out that
charter schools are reviewed and approved every 10 years.
The legislation also places in statute parameters for
monitoring students. Monitoring would not be so strict as to
be restrictive. Quarterly review by certified teachers would
be required. Under the proposed regulations, a certificated
teacher would be involved in every aspect of monitoring the
student's progress. The legislation would allow [parents and
students] the freedom to operate as they feel works best.
Mr. Schmitz observed that parents taking part in
correspondence study programs have received funding through
stipends or reimbursements for textbooks or curriculum
materials. Due to the separation of state and church,
materials were not allowed to have a religious content. A
question arose regarding the parents ability to use
materials with a religious nature if the parent purchased
the materials without state funds. The issue was resolved by
adding: "Nothing in this section precludes a correspondence
study student, or the parent or guardian of a correspondence
study student, from privately obtaining or using textbooks
or curriculum material not provided by the school district."
Vice-Chair Bunde summarized that the legislation is an
attempt to hold correspondence students to the same standard
as other schools. Mr. Schmitz agreed.
Mr. Schmitz observed that the sponsor did not agree with the
accompanying fiscal note by the Department of Education and
Early Development.
EDDY JEANS, MANGER, SCHOOL FINANCE AND FACILITIES SECTION,
DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT, clarified
that the department requested funding for a position to
assist school districts with monitoring and compliance for
the statewide correspondence programs. He noted that there
is a substantial amount of work with the program. The
department went through a regulatory process with the
expectations of providing clarity on family allotment
accounts. Through the regulatory process persons associated
with the program were heard. The department worked with the
Galena and Nenana school districts to amend the regulations
to their satisfaction. He referred to page 2, line 7: "An
enrolled student shall be monitored by a certificated
teacher or appropriately trained personnel employed by the
governing body." The department feels that a certified
teacher is the appropriate person to evaluate student's
work.
REPRESENTATIVE JEANETTE JAMES, SPONSOR, spoke in support of
the legislation, which includes most of the regulations. She
emphasized that correspondence schools are satisfied with
the process. She discussed the fiscal note, which was added
when the regulations were included in the legislation. She
pointed out that the legislation does not require any more
work than what was required under the regulations. The
department indicated that they are short-funded. She pointed
out that the need is not the result of the legislation. She
emphasized that the funding should be placed in the budget.
She is sympathetic to the department's needs, but did not
think it was appropriate for the funding to be attached to
the legislation because the legislation is not the cause of
shortage.
Mr. Jeans thought that there was a fiscal note attached to
the original legislation, which was taken out in a previous
committee. Co-Chair Mulder noted that the department is not
being asked to do anything new. He questioned if the
workload was being expanded. Mr. James observed that the
programs are relatively new and have been expanded. The
department is attempting to ensure that the program is
working. The program has taken a large portion of the
department's time. Staff is needed in order to provide the
legislature with information.
Co-Chair Mulder observed that the fiscal note could be
considered in the conference committee.
Representative John Davies MOVED to ADOPT Amendment 1:
delete "or appropriately trained personnel". Co-Chair Mulder
OBJECTED. Representative Davies spoke in support of the
amendment. He supported the department's position that it is
appropriate to have certification by a certified teacher.
Co-Chair Mulder spoke against the amendment. He noted that
there are instances where supervision is not by a
certificated teacher. He did not see the necessity of having
a certified teacher if the child is hitting the mark.
In response to a question by Representative Whitaker,
Representative James explained that appropriately trained
personnel would be employed by the governing body, which is
the school.
Co-Chair Mulder pointed out that grading is done quarterly
by certified teachers. Representative Bunde noted that the
day to day corrections would not have to be made by a
certified teacher and emphasized that the quarterly review
by certified teachers would allow mid course corrections.
A roll call vote was taken on the motion.
IN FAVOR: Davies
OPPOSED: Bunde, Foster, Harris, Hudson, Lancaster,
Whitaker, Williams, Mulder
Representatives Moses and Croft were absent from the vote.
The MOTION FAILED (1-8).
Representative Foster MOVED to report CSHB 464 (EDU) out of
Committee with the accompanying fiscal note. There being NO
OBJECTION, it was so ordered.
CSHB 464 (EDU) was REPORTED out of Committee with a "do
pass" recommendation and with a previously published fiscal
note: EED #2.
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