Legislature(2011 - 2012)CAPITOL 106

02/25/2011 08:00 AM House EDUCATION


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08:04:17 AM Start
08:06:19 AM Presentation(s): Pribilof School District
08:24:47 AM HB5
08:58:56 AM HB93
09:51:41 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation by Pribilof School District TELECONFERENCED
Superintendent
+= HB 5 CONSTITUTIONAL HISTORY CURRICULUM TELECONFERENCED
Heard & Held
+= HB 104 ALASKA PERFORMANCE SCHOLARSHIPS TELECONFERENCED
<Bill Hearing Postponed to 2/28/11>
+= HB 93 SCHOOL GARDENS, GREENHOUSES, AND FARMS TELECONFERENCED
Moved CSHB 93(EDC) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HB 93-SCHOOL GARDENS, GREENHOUSES, AND FARMS                                                                      
                                                                                                                                
8:58:56 AM                                                                                                                    
                                                                                                                                
CHAIR DICK  announced that the  final order of business  would be                                                               
HOUSE  BILL  NO.   93,  "An  Act  relating   to  school  gardens,                                                               
greenhouses, and farms."                                                                                                        
                                                                                                                                
9:00:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON moved  to adopt  the committee  substitute                                                               
(CS) for HB  93, labeled 27-LS0227\I, Mischel, 2/23/11.   With no                                                               
objection, Version I was adopted as the working draft.                                                                          
                                                                                                                                
REPRESENTATIVE P. WILSON objected for discussion.                                                                               
                                                                                                                                
9:01:08 AM                                                                                                                    
                                                                                                                                
CHAIR DICK  read the  three changes, reflected  in Version  I, to                                                               
wit [original punctuation provided]:                                                                                            
                                                                                                                                
     Sec.  5. ...  (b) ...  not more  than $10,000  for each                                                                    
     school ...;                                                                                                                
                                                                                                                                
     Sec. 5.  ... (c)  The department may  not, in  a fiscal                                                                    
     year, award grants for the  operation of more than five                                                                    
     gardens,   greenhouses,   or   farms  that   were   not                                                                    
     previously  the subject  of a  grant  award under  this                                                                    
     section; and                                                                                                               
                                                                                                                                
     Sec. 6.  The uncodified law  of the State of  Alaska is                                                                    
     amended by adding a new section to read:                                                                                   
                                                                                                                                
     GRANTS  FOR  SCHOOL  GARDENS, GREENHOUSES,  AND  FARMS.                                                                    
     Notwithstanding the limitation placed  on the number of                                                                    
     new  grants  awarded  for the  operation  of  a  school                                                                    
     garden,  greenhouse,  or  farm under  AS  14.30.377(c),                                                                    
     added by sec.  5 of this Act, the  department may award                                                                    
     grants for the  operation of not more  than 10 gardens,                                                                    
     greenhouses, or farms in fiscal year 2010.                                                                                 
                                                                                                                                
9:02:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON noted that  seven schools currently have                                                               
gardens, and  referred to Section  5, subsection (c),  to surmise                                                               
that  the proposed  limit  of  five would  eliminate  two of  the                                                               
existing gardens.                                                                                                               
                                                                                                                                
9:03:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAVID   GUTTENBERG,  Alaska   State  Legislature,                                                               
explained that the gardens in  place now would come under statute                                                               
in the  transitional year.  Thus,  in 2012, ten schools  could be                                                               
funded, and  each proceeding  year five  could join  the program.                                                               
To a follow  up he underscored that the bill  covers programs not                                                               
previously subject to the grant awards.                                                                                         
                                                                                                                                
9:04:40 AM                                                                                                                    
                                                                                                                                
JAY HARDENBROOK,  Staff, Representative David  Guttenberg, Alaska                                                               
State Legislature,  clarified that the first  year [2012] creates                                                               
a baseline  of ten  programs, and  every year  after five  can be                                                               
added.   The seven  existing programs could  apply for  the grant                                                               
the first year,  and a total of ten would  be eligible to receive                                                               
grants.                                                                                                                         
                                                                                                                                
9:05:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE asked if there is an amended fiscal note.                                                                  
                                                                                                                                
CHAIR DICK  indicated that the  fiscal note will  be forthcoming,                                                               
and  will show  $100,000  for  the first  year  and increases  of                                                               
$50,000 for proceeding years.                                                                                                   
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  reviewed  how  the  fiscal  note  was                                                               
calculated, and said it is not  expected that every grant will be                                                               
awarded.                                                                                                                        
                                                                                                                                
9:07:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  expressed a desire to  have the program                                                               
benefit as  many schools  as possible, and  stated her  hope that                                                               
successful programs  will become  self sustaining;  otherwise the                                                               
grant will  increase by $50,000 every  year.  She asked  how many                                                               
different school buildings exist statewide.                                                                                     
                                                                                                                                
REPRESENTATIVE  GUTTENBERG deferred  to the  department regarding                                                               
the  number  of   school  buildings,  and  said   that  EED  will                                                               
administer the  grants.  He  pointed out that Fairbanks  will not                                                               
need a  grant, and  said having more  schools with  programs will                                                               
represent a success.                                                                                                            
                                                                                                                                
9:09:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  asked   how  the  department  envisions                                                               
taking applications, if it's a competitive process.                                                                             
                                                                                                                                
9:10:09 AM                                                                                                                    
                                                                                                                                
MARK  LEWIS,  Manager,  Administrative  Operations,  Division  of                                                               
Teaching and Learning Support, Department  of Education and Early                                                               
Development (EED), answered that  a competitive grant application                                                               
process  would  be  established.   The  potential  exists  for  a                                                               
successful district  to receive  the total fund,  and win,  if no                                                               
other  districts  indicated  interest, or  fail  the  application                                                               
process.                                                                                                                        
                                                                                                                                
9:10:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE  opined that  a particular  greenhouse could                                                               
receive $10,000 per year in perpetuity.                                                                                         
                                                                                                                                
MR. LEWIS said, yes.                                                                                                            
                                                                                                                                
REPRESENTATIVE FEIGE  asked at what  point the  greenhouses could                                                               
expect  to become  self sustaining  and  be weaned  off of  state                                                               
support.                                                                                                                        
                                                                                                                                
MR. LEWIS indicated that it  would depend on the school district.                                                               
Nothing  would   prohibit  a  district   from  taking   over  the                                                               
operational costs.   However, he deferred  to districts regarding                                                               
how each may choose to handle the program.                                                                                      
                                                                                                                                
REPRESENTATIVE  FEIGE  noted that  there's  no  incentive, for  a                                                               
school district to discontinue state support.                                                                                   
                                                                                                                                
MR. LEWIS that is correct.                                                                                                      
                                                                                                                                
9:12:50 AM                                                                                                                    
                                                                                                                                
CHAIR DICK suggested  that the inclusion of  language specific to                                                               
the re-application process and  requiring activity reports, could                                                               
provide a means to limit continued access to state funding.                                                                     
                                                                                                                                
9:13:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG pointed  out  that  many schools  have                                                               
greenhouses that are lying fallow, possibly  due to the lack of a                                                               
steady funding  stream, which is  important to  ensure continuity                                                               
for a program.  To a  follow-up question, he said that many times                                                               
a single  person generates the  enthusiasm for a  garden program,                                                               
and speculated that, if the  key person leaves the community, the                                                               
matching funds would cease.                                                                                                     
                                                                                                                                
9:14:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA  interjected  that  performance  standards                                                               
would  need to  be  met,  and maintained,  in  order to  continue                                                               
funding.                                                                                                                        
                                                                                                                                
9:15:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  noted that  there is  no limit  in the                                                               
bill,  to wean  programs  off of  state  funding, and  speculated                                                               
that,  through yearly  exponential  increases, in  ten years  the                                                               
fiscal note could  mushroom to $500,000.  She  stated support for                                                               
the program,  and said the  burden should not be  placed entirely                                                               
on   education   funding.     The   bill   indicates   a   strong                                                               
entrepreneurial involvement;  and entity  which should  share the                                                               
cost.                                                                                                                           
                                                                                                                                
9:18:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FEIGE acknowledged  the  importance for  start-up                                                               
money, and  suggested that the  bill could stipulate  a decreased                                                               
grant award with each renewal  of a particular program to provide                                                               
incentive for diversification of funding sources.                                                                               
                                                                                                                                
REPRESENTATIVE GUTTENBERG  explained that the  cooperating entity                                                               
must  hold  a  501C3  non-profit  status,  which  eliminates  the                                                               
possibility of  corporate participation.   Further, he  said that                                                               
sustained  funding is  important,  and the  proposal  is for  the                                                               
state  to match  the non-profits  contributions.   He underscored                                                               
that these  programs are a  significant benefit to  the students,                                                               
and that rural  schools, growing local produce,  will represent a                                                               
great success.                                                                                                                  
                                                                                                                                
9:22:42 AM                                                                                                                    
                                                                                                                                
AL  POINDEXTER, Retired  Teacher,  expressed concern  that HB  93                                                               
might   create  competition   between   the  state,   effectively                                                               
subsidizing   non-profits,   and  private   enterprise   farmers.                                                               
However,  if the  goal  is to  educate  children, then  certified                                                               
teachers  should be  required  to  work with  the  students.   He                                                               
reported that he  was restricted from volunteering  to instruct a                                                               
class, as  his teaching  certificate has  expired.   A non-profit                                                               
may lack  the scope to  meet educational needs, but  the national                                                               
program, Future  Farmers of America  (FFA), established  in 1923,                                                               
could be  enlivened for students  at the  high school level.   He                                                               
reported that,  although there  are perhaps  three today,  27 FFA                                                               
Chapters once  existed in Alaska,  and he reviewed  the technical                                                               
and vocational  merits, which  he opined  as being  more valuable                                                               
and appropriate than a school garden.   The garden program may be                                                               
useful  at  the  elementary  level,   he  agreed.    Further,  he                                                               
questioned the relationship that  was reported between the garden                                                               
and school  lunch programs and  the exchange of revenue,  as well                                                               
as  the disposition  of funds  garnered from  the sale  of excess                                                               
produce.    The  awareness  that these  programs,  including  FFA                                                               
related, revolve  around a motivated  individual is  accurate, he                                                               
said.                                                                                                                           
                                                                                                                                
REPRESENTATIVE GUTTENBERG  said the  involvement of FFA  is hoped                                                               
for and would be welcomed.                                                                                                      
                                                                                                                                
MR.  POINDEXTER  reported  that FFA  chapters  exist  in  Palmer,                                                               
Kodiak, and North  Pole.  Finally, he opined that  the bill needs                                                               
more work, and offered to make himself available.                                                                               
                                                                                                                                
9:32:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  returned  to  the  comment  that  Mr.                                                               
Poindexter  has been  prohibited from  volunteering his  teaching                                                               
services, and asked for further details.                                                                                        
                                                                                                                                
MR. POINDEXTER  reported that the  teachers union  disallowed him                                                               
to volunteer services as a  Natural Resources teacher, due to the                                                               
lapse of his teaching certificate.                                                                                              
                                                                                                                                
REPRESENTATIVE P.  WILSON asked  whether lessons could  have been                                                               
scheduled   the  lesson   outside  of   school  hours,   and  for                                                               
clarification  whether   it  was   the  teachers  union   or  FFA                                                               
restrictions that prohibited his actions.                                                                                       
                                                                                                                                
MR.   POINDEXTER  said   FFA  requires   that   the  program   be                                                               
administered through a  scheduled school class, and  the rules of                                                               
the state were apparently being violated.                                                                                       
                                                                                                                                
9:34:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  encouraged the  witness to  pursue further                                                               
involvement,  and become  a vital  part  in what  the sponsor  is                                                               
hoping to create.                                                                                                               
                                                                                                                                
MR.  POINDEXTER  stated that  he  runs  a commercial  greenhouse;                                                               
however he  said he would  be interested in assisting  to operate                                                               
an FFA program;  current rules do not allow him  to volunteer his                                                               
services.                                                                                                                       
                                                                                                                                
9:36:22 AM                                                                                                                    
                                                                                                                                
SUSAN WILLSRUD,  Director, Calypso Farm and  Ecology Center, said                                                               
an  FFA Chapter  exists  in  Fairbanks, but  the  program is  not                                                               
thriving.   She opined that  HB93 could  serve to enliven  FFA in                                                               
Alaska.                                                                                                                         
                                                                                                                                
The committee took an at-ease from 9:37 a.m. to 9:38 a.m.                                                                       
                                                                                                                                
9:39:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  requested  that information  be  provided                                                               
from EED regarding the certification  requirements brought to the                                                               
fore by  the preceding witness.   Specifically,  are restrictions                                                               
imposed  at  the  state  or  district  level,  and  what  is  the                                                               
relationship regarding the teachers  union.  The bill establishes                                                               
a program outside  of the state certificated  requirements and it                                                               
will be important to understand  any restrictions that need to be                                                               
considered.                                                                                                                     
                                                                                                                                
9:40:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON offered Conceptual  Amendment 1 to, page 2,                                                               
line 4,  following the word  "sold" insert "if reinvested  in the                                                               
program".   The intent  of Conceptual Amendment  1 is  to address                                                               
the  concern  for  competition   regarding  the  sale  of  excess                                                               
produce, he said.                                                                                                               
                                                                                                                                
The committee took an at-ease from 9:40 a.m. to 9:42 a.m.                                                                       
                                                                                                                                
9:42:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON objected for discussion.                                                                               
                                                                                                                                
9:42:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  requested a response from  EED whether the                                                               
participating non-profits, or the  garden master, are required to                                                               
be teacher certified.                                                                                                           
                                                                                                                                
9:43:10 AM                                                                                                                    
                                                                                                                                
CYNDY  CURRAN,  Director,  Division   of  Teaching  and  Learning                                                               
Support,  Department of  Education and  Early Development  (EED),                                                               
indicated that  she would research  the requirements  and provide                                                               
the information to the committee.                                                                                               
                                                                                                                                
REPRESENTATIVE SEATON acknowledged that  the type "M" certificate                                                               
may  cover the  situation, and  asked the  department to  provide                                                               
adequate assurance that it would align with the bill.                                                                           
                                                                                                                                
9:45:18 AM                                                                                                                    
                                                                                                                                
MS.  WILLSRUD interjected  that  the Calypso  farm  staff act  as                                                               
assistants to  the state  certified teachers;  farm staff  do not                                                               
instruct without the presence of a teacher.                                                                                     
                                                                                                                                
9:46:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   established  that  the   proposed  state                                                               
statute is not setting up a  program for non-teachers to act in a                                                               
capacity other than as aides  or resources to accomplish the goal                                                               
of  a school  garden; nor  is the  state authorizing  independent                                                               
supervision of students, during the school day, by non-teachers.                                                                
                                                                                                                                
9:47:21 AM                                                                                                                    
                                                                                                                                
CHAIR DICK  interjected that  the intent of  state statute  is to                                                               
ensure  the safety  of  children, while  not  limiting access  to                                                               
individuals who are knowledgeable resources.                                                                                    
                                                                                                                                
9:47:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA asked whether Calypso pays its helpers.                                                                   
                                                                                                                                
MS.  WILLSRUD responded  that the  garden assistants  are trained                                                               
and vetted, and act as volunteers receiving a stipend.                                                                          
                                                                                                                                
9:49:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  removed  her  objection to  Conceptual                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
CHAIR  DICK,   hearing  no  further  objection,   announced  that                                                               
Conceptual Amendment 1 was adopted.                                                                                             
                                                                                                                                
9:50:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved to report  the CSHB 93, Version I, as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the  accompanying   fiscal  notes.     There  being   no  further                                                               
objection, CSHB 93 (EDC), 27-LS0227\I, Mischel, 2/23/11, was                                                                    
moved from the House Education Standing Committee, as amended.                                                                  
                                                                                                                                

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