Legislature(2011 - 2012)CAPITOL 106

04/02/2012 08:00 AM House EDUCATION


Download Mp3. <- Right click and save file as

Audio Topic
08:03:19 AM Start
08:03:43 AM Presentation: Mat-su Borough School District
08:33:23 AM SB170
08:34:13 AM HB352
09:47:33 AM HB369
10:03:49 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation by Superintendent, Mat-Su School TELECONFERENCED
District Graduation Results
+ Confirmation Hearing: TELECONFERENCED
University of Alaska Board of Regents
<Conf. Hearing Postponed to 4/4/12>
*+ HB 369 STUDENT PARTICIPATION IN SPORTS TELECONFERENCED
Heard & Held
+= SB 170 VOCATIONAL ED. COUNSELING IN SCHOOLS TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 352 RESOURCE DEVELOPMENT CURRICULUM TELECONFERENCED
Moved CSHB 352(EDC) Out of Committee
             HB 369-STUDENT PARTICIPATION IN SPORTS                                                                         
                                                                                                                                
9:47:33 AM                                                                                                                    
                                                                                                                                
CHAIR DICK  announced that the  final order of business  would be                                                               
HOUSE BILL NO. 369, "An  Act relating to student participation in                                                               
sports."                                                                                                                        
                                                                                                                                
9:47:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAN  SADDLER, Alaska State  Legislature, presented                                                               
HB 369,  paraphrasing from  a prepared  statement, which  read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     There  is significant  research  showing that  students                                                                    
     who play high school sports  simply do better:  they're                                                                    
     healthier,  they get  better  grades,  they attend  and                                                                    
     graduate  at higher  rates, they  learn important  life                                                                    
     lessons … the benefits go on and on.                                                                                       
                                                                                                                                
     So it's  important to encourage all  Alaska high-school                                                                    
     students to play  sports, and to do  so safely, whether                                                                    
     they're enrolled  in traditional public schools,  or in                                                                    
     the   increasing  range   of  innovative,   alternative                                                                    
     educational programs, including home schools.                                                                              
                                                                                                                                
     HB 369  has two main goals.   The first, in  Section 1,                                                                    
     is to strengthen provisions  in last year's legislation                                                                    
     to protect  student athletes against concussions.   The                                                                    
     second, in  section 2, is  to clarify how  students can                                                                    
     participate in  high school athletics, if  not enrolled                                                                    
     in a public school.                                                                                                        
                                                                                                                                
     First, section one.  HB  15, passed last year, requires                                                                    
     high   school  athletes   who  might   have  gotten   a                                                                    
     concussion  to  be  examined  by  a  qualified  medical                                                                    
     person, and  declared "OK to  play," before  they could                                                                    
     rejoin the  game.  The  model bill  language underlying                                                                    
     this law  required that provider had  to be "certified"                                                                    
     to approve a  student's return to the game.   As Alaska                                                                    
     has   no  provisions   for  such   certification,  this                                                                    
     language is  unnecessary, and HB  369 deletes  from the                                                                    
     law.                                                                                                                       
                                                                                                                                
9:49:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER continued to read from a prepared                                                                        
statement, which read as follows [original punctuation                                                                          
provided]:                                                                                                                      
                                                                                                                                
     The   bill  also   expands  the   laws  anti-concussion                                                                    
     protections  from covering  not  just  games, but  also                                                                    
     practices, which can be just as vigorous as games.                                                                         
                                                                                                                                
     Second,  section  2.   Many  Alaska  families chose  to                                                                    
     teach their  children at home, or  in other alternative                                                                    
     schools.     (I  have  been  quite   impressed  by  the                                                                    
     dedication  of parents,  and the  quality of  education                                                                    
     they provide their children.)   But different districts                                                                    
     have different rules  on how such students  can play in                                                                    
     sports at  their local high  school.  And there  can be                                                                    
     confusion within a district.                                                                                               
                                                                                                                                
     The  issue came  to a  head in  my district  last year,                                                                    
     when a school employee  mistakenly -- and negligently -                                                                    
     -  cleared  a  home-schooled  student to  play  on  the                                                                    
     Chugiak  High  football  team.    When  the  error  was                                                                    
     discovered, the  team had to  forfeit three  games, and                                                                    
     their   chance  to   compete   in  state   championship                                                                    
     playoffs.                                                                                                                  
                                                                                                                                
     The team  members showed  a lot  of class  in accepting                                                                    
     this injustice,  and then  going on  to win  their last                                                                    
     several  games of  the season.    But this  unfortunate                                                                    
     episode pointed out the need for section 2:                                                                                
                                                                                                                                
     Section  2  provides  that a  student  enrolled  in  an                                                                    
     alternative   education  program,   who  is   otherwise                                                                    
     eligible to play  in his or her local  high school, can                                                                    
     do so:                                                                                                                     
                                                                                                                                
     It  respects local  school districts  by ensuring  such                                                                    
     students meet district eligibility rules.                                                                                  
                                                                                                                                
     It  requires students  to  document their  eligibility:                                                                    
     by  providing transcripts,  proof of  enrollment, proof                                                                    
     of medical fitness, and disciplinary records.                                                                              
                                                                                                                                
     It  prevents students  from "team-shopping:   They  can                                                                    
     only  play for  the  school they  otherwise would  have                                                                    
     attended, and  they are  barred from  switching schools                                                                    
     within a year.                                                                                                             
                                                                                                                                
     In conclusion:   HB 369 is  a good bill that  will help                                                                    
     more young  Alaskans enjoy the benefits  of high school                                                                    
     athletics, and  it helps make  it safer for them  to do                                                                    
     so.                                                                                                                        
                                                                                                                                
9:51:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT   related  some  concern   was  previously                                                               
expressed about  the documents  required.   He asked  whether the                                                               
requirements would be a barrier.                                                                                                
                                                                                                                                
REPRESENTATIVE  SADDLER stated  that  currently student  athletes                                                               
must  verify their  eligibility  requirements -  public and  home                                                               
schooled  students -  and  this bill  would  require parents  and                                                               
students to  present to  the school  complete records  that would                                                               
impinge  on  the student's  eligibility.    He acknowledged  that                                                               
although it  may take some  time, it  is necessary to  verify the                                                               
student's eligibility.   He did  not think it would  be difficult                                                               
to administer at the school level.                                                                                              
                                                                                                                                
9:52:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  referred to  the eligibility  section, and                                                               
asked what would  occur when a student left the  public school to                                                               
be home schooled if the reason  for the departure was that his or                                                               
her  grades  were insufficient  to  participate  in sports.    He                                                               
related his  understanding that there  isn't any  requirement for                                                               
home schooled  students to show  scores on an  intermediate basis                                                               
until  the  high school  graduation  qualifying  exam (HSGQE)  in                                                               
grade 12.   He asked whether  this bill would provide  a loophole                                                               
for those students.                                                                                                             
                                                                                                                                
REPRESENTATIVE  SADDLER   related  his  understanding   that  his                                                               
concern  is  that  someone  attending  a  public  school  without                                                               
sufficient  grades  would withdraw  and  enroll  in sports  at  a                                                               
public school.                                                                                                                  
                                                                                                                                
REPRESENTATIVE SEATON agreed.  He  suggested that a home schooled                                                               
student would  not be  required to  meet the  same qualifications                                                               
for participation in the interscholastic activities.                                                                            
                                                                                                                                
REPRESENTATIVE  SADDLER reviewed  the  requirements.   He  stated                                                               
that the  bill would require  students to provide  their academic                                                               
transcripts,  which would  indicate a  withdraw notice  and would                                                               
also show  either a  pass or  fail for classes.   He  referred to                                                               
page 2, line 30, which would  require a student so enrolled to be                                                               
on track to graduate.  He  was uncertain as to the documentation.                                                               
He further  explained that the  student must take five  credits a                                                               
year  as  a freshman,  sophomore  or  junior  and at  least  four                                                               
credits as a  senior.  Seniors must also take  the exit exam, but                                                               
he could not  elaborate on how the student would  document his or                                                               
her  progress from  week-to-week  or month-to-month  in order  to                                                               
participate in interscholastic athletics.                                                                                       
                                                                                                                                
REPRESENTATIVE SEATON  asked to have further  information on home                                                               
schooled student requirements and eligibility status.                                                                           
                                                                                                                                
REPRESENTATIVE SADDLER  answered one  parent will testify  who is                                                               
familiar with the requirements.                                                                                                 
                                                                                                                                
9:55:15 AM                                                                                                                    
                                                                                                                                
CHAIR  DICK  stated  support  for  homeschool  participation  and                                                               
pointed  out how  these programs  save state  dollars.   He asked                                                               
whether  any additional  costs would  be incurred  by the  school                                                               
district  for any  homeschooled or  alternative school  students'                                                               
participation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  SADDLER   reviewed  the   costs  that   would  be                                                               
involved.    He  offered  that   the  Anchorage  School  District                                                               
requires  students  participating  in  sports to  pay  a  student                                                               
activity  fee to  cover  the  costs.   He  pointed  out that  the                                                               
uniforms, footballs,  locker room, and  field are provided  - and                                                               
have already been funded.  He  reported activity fees of $195 for                                                               
gymnastics, swimming, and diving; activity  fees of $185 for flag                                                               
football,  volleyball, and  cross country;  and activity  fees of                                                               
$175  for tennis,  cross country  and  other sports.   He  agreed                                                               
students must pay fees to  participate and home schooled students                                                               
would be required to pay the fees.                                                                                              
                                                                                                                                
9:57:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  referred to  Section 2,  of HB  369, and                                                               
asked  whether a  student  who  lives outside  of  an area  could                                                               
participate  in sports  not offered  by his  or her  school.   He                                                               
elaborated  that  one  reason  to  do  so  is  that  perhaps  the                                                               
student's  school doesn't  offer hockey.   He  asked whether  the                                                               
student would be eligible to play.                                                                                              
                                                                                                                                
REPRESENTATIVE SADDLER referred  to page 2, line  23, which would                                                               
limit this to a student's home  attendance area.  He suggested it                                                               
might be  possible to get  a zone exemption.   He stated  that if                                                               
the local  school didn't  offer hockey the  student would  not be                                                               
able to play.                                                                                                                   
                                                                                                                                
9:59:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  recalled the changes in  the Alaska School                                                               
Activities  Association's (ASAA)  rules,  and  asked whether  the                                                               
description in  the bill includes  the current  ASAA regulations.                                                               
He  pointed  out that  the  ASAA  regulations have  been  changed                                                               
within the last  two years to allow participation  in team sports                                                               
not offered in  the student's primary school.  He  said he wanted                                                               
to  avoid an  unintended consequence  of the  bill having  a more                                                               
restrictive rule than allowed by the ASAA.                                                                                      
                                                                                                                                
10:00:29 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SADDLER  referred to language  on page 2,  line 4,                                                               
and said  proposed Section 2  would address his issue.   Proposed                                                               
AS 14.30.365 (a), read, as follows:                                                                                             
                                                                                                                                
     A student who  is enrolled full time  in an alternative                                                                    
     education  program  that  is located  entirely  in  the                                                                    
     state and  that does  not offer  interscholastic sports                                                                    
     is  eligible  to  participate  in  any  interscholastic                                                                    
     sports program available in the  public school that the                                                                    
     student would be eligible, ....                                                                                            
                                                                                                                                
REPRESENTATIVE   SADDLER  noted   the  qualifier   is  that   the                                                               
alternative  education program  does  not offer  the  sport.   He                                                               
deferred to ASAG to more fully address the question.                                                                            
                                                                                                                                
10:01:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON referred to page  2, lines 15-17 of HB 369.                                                               
He asked  whether paragraph  (3) would  limit participation  if a                                                               
student participates in  basketball at one school,  but hockey is                                                               
offered  at a  different school.   He  asked whether  the student                                                               
would be able to participate in hockey.                                                                                         
                                                                                                                                
REPRESENTATIVE SADDLER deferred to the experts to answer.                                                                       
                                                                                                                                
10:02:03 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  P. WILSON  referred to  Section 1,  and expressed                                                               
her concern  for the removal of  the word "certified."   She said                                                               
it  would  be important  to  have  verification that  the  person                                                               
making  an assessment  on  an  injury has  training  to assess  a                                                               
student's health status after a possible concussion.                                                                            
                                                                                                                                
REPRESENTATIVE  SADDLER responded  that  "qualified person"  does                                                               
mean a  health care provider  who is licensed  in the state.   He                                                               
indicated  that "certified"  was  removed since  Alaska does  not                                                               
have a certifying body in the state.                                                                                            
                                                                                                                                
[HB 369 was held over.]                                                                                                         

Document Name Date/Time Subjects
HB 369 Version A 040212.pdf HEDC 4/2/2012 8:00:00 AM
HB 369
HB 369 Version A Sponsor Statement.pdf HEDC 4/2/2012 8:00:00 AM
HB 369
HB 369 Support Information Case for High School activities.pdf HEDC 4/2/2012 8:00:00 AM
HB 369
HB 369 Version A Sectional Summary.pdf HEDC 4/2/2012 8:00:00 AM
HB 369
HB 369 Version A Laws in other states.docx HEDC 4/2/2012 8:00:00 AM
HB 369
HB 369 Version A Fiscal Note EED-TLS-3-30-12.pdf HEDC 4/2/2012 8:00:00 AM
HB 369
CS HB 352 Version M 033012.pdf HEDC 4/2/2012 8:00:00 AM
HB 352