Legislature(2011 - 2012)CAPITOL 106

04/04/2012 08:00 AM House EDUCATION


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08:06:29 AM Start
08:06:49 AM HB369
08:49:01 AM Confirmation Hearing: University Board of Regents
09:17:50 AM Presentation: Lower Kuskokwim School District
06:31:00 PM HB369
07:05:59 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Continued at 6:30 pm --
+ Presentation by Superintendent, Lower Kuskokwim TELECONFERENCED
School District
+ Confirmation Hearing: TELECONFERENCED
University of Alaska Board of Regents
<Conf. Hearing Rescheduled from 4/2/12>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 369 STUDENT PARTICIPATION IN SPORTS TELECONFERENCED
Moved CSHB 369(EDC) Out of Committee
             HB 369-STUDENT PARTICIPATION IN SPORTS                                                                         
                                                                                                                                
8:06:49 AM                                                                                                                    
                                                                                                                                
CHAIR DICK  announced that  the first order  of business  would be                                                              
HOUSE BILL NO.  369, "An Act relating to student  participation in                                                              
sports."                                                                                                                        
                                                                                                                                
GARY  MATHEWS,   Executive  Director,  Alaska   School  Activities                                                              
Association  (ASAA), stated  that ASAA  is the  governing body  of                                                              
interscholastic  high school  activities in  the state.   Its  200                                                              
high school  members follow  a standard set  of rules,  bylaws and                                                              
policies  for interscholastic  competition,  including fine  arts,                                                              
athletics, and academic  activities.  He explained  that this bill                                                              
combines the  "concussion bill"  and the "home  school" bill.   He                                                              
read his comments, as follows [original punctuation provided]:                                                                  
                                                                                                                                
     Implementation of  HB 369 will create a  major change to                                                                   
     student  eligibility rules,  which have  been in  effect                                                                   
     for 56 years  in Alaska.  At this time it's  not wise to                                                                   
     adopt  such a change  when school  districts across  the                                                                   
     state don't  know the ramifications  of this bill.   Our                                                                   
     main concern  is how the bill can be  fairly implemented                                                                   
     across the  districts across  the district of  the state                                                                   
     -  all  53  school districts  -  which  are  members  of                                                                   
     Alaska  School  Activities  Association (ASAA)  and  how                                                                   
     parity  can  be ensured  when  home school  parents  are                                                                   
     providing the  curriculum and assigning grades.   Alaska                                                                   
     education  regulation  4  AAC   06.115,  Interscholastic                                                                   
     Activities was  adopted by the state Board  of Education                                                                   
     (BOE)  on June 26,  1994.   The purpose  of which  - and                                                                   
     this  is an excerpt  - is  to provide  a procedure  that                                                                   
     enables   school  districts   to   promote  and   govern                                                                   
     interscholastic  activities  effectively,  economically,                                                                   
     and  fairly, while  keeping  those activities  in  their                                                                   
     proper perspective, educationally.                                                                                         
                                                                                                                                
8:10:26 AM                                                                                                                    
                                                                                                                                
MR. MATHEWS read his comments, as follows [original                                                                             
punctuation provided]:                                                                                                          
                                                                                                                                
     Under the  proposed legislation the legislature,  rather                                                                   
     than school  districts, regional Associations  or Alaska                                                                   
     School   Activities   Association   would   be   setting                                                                   
     policies  for  interscholastic  activity  participation.                                                                   
     Fifty-three   member   school   districts   in   Alaska,                                                                   
     represented  through the  the  Alaska School  Activities                                                                   
     Association  are opposed to  the passage  of HB 369  for                                                                   
     the points specified above.                                                                                                
                                                                                                                                
     If  HB 369  is passed  by the  legislature, schools  and                                                                   
     ASAA  will need  some time  to  amend the  rules and  to                                                                   
     adopt  new procedures.    ASAA  Board of  Directors  and                                                                   
     regional associations  hold their final meetings  of the                                                                   
     year   during   March  and   April   so  some   of   the                                                                   
     associations  have already  finished their meetings  and                                                                   
     the ASAA board will meet in two weeks in Bethel.                                                                           
                                                                                                                                
     Implementing  such a change by  August 1 of  this school                                                                   
     year when our  activity season starts will  be extremely                                                                   
     difficult and  once the school year begins  we must have                                                                   
     all  changes in place  so that  all activities  programs                                                                   
     are  treated  fairly  -  so   we're  not  treating  some                                                                   
     sport's seasons differently than others.                                                                                   
                                                                                                                                
     It    is    my   recommendation    that    changes    to                                                                   
     interscholastic   eligibility   rules   resulting   from                                                                   
     legislative  action have  an effective  date of July  1,                                                                   
     2013 if HB 369 is passed.  Thank you.                                                                                      
                                                                                                                                
8:12:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  explained one of the issues  that the Kenai                                                              
Borough School  District (KBSD)  has been  reviewing the  past few                                                              
years  has  been  the  participation  by  students  attending  one                                                              
school, but  participating in another  school that  offers sports.                                                              
He  asked whether  the  ASAA would  allow  particpation in  either                                                              
football or  hockey in a school  separate from the  closest school                                                              
at  which a  student  may participate  in  other  sports, such  as                                                              
basketball or other small team sports.                                                                                          
                                                                                                                                
MR. MATHEWS  responded that the  question is difficult  to answer.                                                              
He  said the  schools  in  the area  are  all  part of  the  Kenai                                                              
Peninsula  School District  (KPSD) so smaller  schools would  have                                                              
an  opportunity   to  form  cooperative  teams  with   the  larger                                                              
schools.   This currently happens  with Homer High School  and the                                                              
small Old Believer  schools just north of Homer.   This bill would                                                              
not affect that  issue; however, HB 369 would  affect students who                                                              
attend  private  home schools  and  the  statewide  correspondence                                                              
programs,  such  as  IDEA,  Raven, and  Pace.    School  districts                                                              
sponsor programs  for students  not only  within their  districts,                                                              
but for  correspondence students outside  of their districts.   He                                                              
emphasized   that  would   directly   affect  the   aforementioned                                                              
programs as  well as private home  schools.  Private  home schools                                                              
currently  may  become   members  of  ASAA  and   their  kids  can                                                              
represent  home  schools  in  many   sports  and  activities,  but                                                              
football  or hockey  are usually  restricted since  they are  team                                                              
sports.                                                                                                                         
                                                                                                                                
8:14:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAN  SADDLER,  Alaska   State  Legislature,  asked                                                              
whether Mr.  Mathews has  reviewed the first  section of  the bill                                                              
related to concussions.                                                                                                         
                                                                                                                                
MR. MATHEWS  pointed out the language  in [section 1] of  the bill                                                              
is slightly different  than what the ASAA had hoped  for since the                                                              
original request was  to eliminate four words in  the statute "and                                                              
is  currently  certified."   Last  year,  HB  115 was  adopted  to                                                              
address  treating  sports concussions,  but  the  bill included  a                                                              
provision  requiring medical  providers  to obtain  certification.                                                              
He  clarified  that  the  state does  not  certify  physicians  or                                                              
medical  providers   in  concussion  management,   which  was  not                                                              
clarified  in the  bill.  He  said the  ASAA could  live with  the                                                              
current revision,  which removes  "and is currently  certified, as                                                              
verified  in writing or  electronically by  the qualified  person"                                                              
He emphasized  the  ASAA had hoped  the language  "as verified  in                                                              
writing or electronically  by the qualified person"  would stay in                                                              
the  bill  since  the  language   would  tend  to  protect  school                                                              
districts and  would place the  liability on the  medical provider                                                              
to say  whether he  or she is  qualified rather  than to  have the                                                              
school district  make that determination.   Thus  the organization                                                              
can manage  with the current language  in HB 369, with  respect to                                                              
concussion  management,   although  it  is  not   their  preferred                                                              
wording.                                                                                                                        
                                                                                                                                
8:16:15 AM                                                                                                                    
                                                                                                                                
CHAIR DICK  noted general  agreement and  stated his  observations                                                              
seemed like good ones.                                                                                                          
                                                                                                                                
8:16:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FEIGE  recalled  an   earlier  question   on  the                                                              
preferred effective  date of July 1,  2013.  He suggested  that if                                                              
the bill were  to pass it would  likely go into effect  on July 1,                                                              
2012.  He  asked whether a year  would be enough time  for ASAA to                                                              
implement the changes.                                                                                                          
                                                                                                                                
MR. MATHEWS related  the ASAA's process for rulemaking,  such that                                                              
the  ASAA has  six regions,  which have  representatives on  their                                                              
Board  of Directors,  plus a  representative of  the school  board                                                              
association,  the superintendents'  association,  and the  student                                                              
government association.   He explained  that proposed  changes are                                                              
brought  forth from  various entities,  including  regions to  the                                                              
board; a hearing  process would occur and if it  passes muster the                                                              
board would  implement the  changes and any  effective dates.   He                                                              
reported  that the  ASAA meets  in two  weeks, but  will not  meet                                                              
again  until October  2013 so  any  changes scheduled  to go  into                                                              
effect for  the 2013  school year  must be  approved by  the board                                                              
this month.   Otherwise, some sports  will begin under  one set of                                                              
rules and  part way through  the school  year other sports  - such                                                              
as  wresting or  basketball  - would  fall  under  another set  of                                                              
rules.  He favored the ASAA working under one set of rules.                                                                     
                                                                                                                                
MR. MATHEWS  explained that  under the  bill, student  eligibility                                                              
rules would need  to undergo a complete review,  which could prove                                                              
cumbersome  considering  that the  bill  proposes  a major  policy                                                              
change.   An effective date  would also  need to be  considered to                                                              
allow  for  any  adjustments.    He  spoke  about  the  cumbersome                                                              
aspects  since graduation  and grade  point averages  requirements                                                              
could be affected.   He recalled problems physicians  had when the                                                              
concussion  bill  passed and  anticipated  similar  problems.   He                                                              
reiterated many  processes would  change if non-enrolled  students                                                              
are  involved  and the  organization  would  need time  to  inform                                                              
people  who  will  be affected  by  the  changes.    Additionally,                                                              
penalties  could  apply  to  schools if  they  allow  athletes  to                                                              
participate who have not met eligibility rules.                                                                                 
                                                                                                                                
8:19:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FEIGE recalled most  nonprofit organizations  have                                                              
provisions  for special  meetings  of the  board.   He  questioned                                                              
whether that was possible with the ASAA.                                                                                        
                                                                                                                                
8:20:09 AM                                                                                                                    
                                                                                                                                
MR.  MATHEWS  answered  that  it is  possible  although  once  the                                                              
school lets  out board  members are not  available since  many are                                                              
teachers or  school district  employees.   He focused  his concern                                                              
on  the  procedures.    It  would   be  necessary  to  develop  an                                                              
implementation plan  since there  are literally thousands  of home                                                              
schooled children in  Alaska who may wish to  participate at their                                                              
nearest public school.   The ASAA would need  to develop processes                                                              
to  accept students  for  athletics, but  still  ensure that  home                                                              
school  students  follow the  same  set of  eligibility  standards                                                              
other students must  follow.  He suggested if  East Anchorage High                                                              
School  receives  a  request  for  ten  home  school  students  to                                                              
participate on its  football team the school would  need to notify                                                              
the ASAA  to ensure  each student  has met eligibility  standards.                                                              
He  reiterated that  although the  organization  works during  the                                                              
summer,  contacting  the  schools  prior to  the  football  season                                                              
beginning, which  is usually about  the third week of  July, would                                                              
be difficult.                                                                                                                   
                                                                                                                                
8:22:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON asked  whether  an effective  date  for                                                              
each section of the bill would be helpful.                                                                                      
                                                                                                                                
MR. MATHEWS answered yes.                                                                                                       
                                                                                                                                
8:23:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  asked him to  quantify the burden  one home                                                              
school  student  who  wishes  to  participate  in  interscholastic                                                              
activities   at  a   high   school  might   place   on  a   school                                                              
administrator.                                                                                                                  
                                                                                                                                
MR. MATHEWS answered  that the school would determine  whether the                                                              
student has  met eligibility  requirements, including  attendance,                                                              
grades, and  other considerations.   The school would  obtain some                                                              
of the  information from parents  or the statewide  correspondence                                                              
school.   The  timeliness would  depend on  the responsiveness  of                                                              
the parents or the specific correspondence school.                                                                              
                                                                                                                                
REPRESENTATIVE  PRUITT acknowledged  that currently home  schooled                                                              
students   play  on   teams  in   Anchorage.     He  related   his                                                              
understanding the  bill was introduced  as the result of  an issue                                                              
that arose  for a Chugiak  High School  homeschooled student.   He                                                              
asked for  the basic  changes between the  current system  and the                                                              
interscholastic activities provisions under the bill.                                                                           
                                                                                                                                
MR.  MATHEWS  explained  that  the status  quo  in  the  Anchorage                                                              
School  District  (ASD) is  that  the  school  runs its  own  home                                                              
school programs.   Students can enroll in the  home school program                                                              
and  select  a school  of  eligibility  at their  nearest  school.                                                              
Under HB  369, students who  are not part  of the ASD  home school                                                              
program - private  home schooled students not affiliated  with any                                                              
entity  in the  state  - would  have the  same  benefits and  play                                                              
sports at one of the public high schools in Anchorage.                                                                          
                                                                                                                                
REPRESENTATIVE  PRUITT asked  whether he  could foresee a  student                                                              
who  cannot  meet  eligibility requirements  in  a  public  school                                                              
could  change  to a  private  school  status  in order  to  regain                                                              
eligibility to  play on a team.   He asked whether the  bill would                                                              
create  a  potential  loophole  in  the  eligibility  process  for                                                              
interscholastic activities.                                                                                                     
                                                                                                                                
MR.  MATHEWS answered  yes.   He  recalled this  happening when  a                                                              
student  had  become  disenchanted  with  a  school  or  had  been                                                              
removed  from  school for  a  disciplinary  matter.   The  parents                                                              
subsequently  began home  schooling  the student.   Several  weeks                                                              
later  the  student  decided  to  participate  in  interscholastic                                                              
sports  through  the  home  school program.    The  ASAA's  ruling                                                              
deemed the  home school  student's participation  unfair  since it                                                              
would have  given the student an  advantage over students  who had                                                              
met  eligibility requirements.    He concluded  that allowing  the                                                              
student to participate would have been unfair.                                                                                  
                                                                                                                                
8:26:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON referred  to  section 2  of the  bill.   He                                                              
expressed  concern  that  this  provision  would  create  a  major                                                              
change in  the state supervision of  home schools.  He  noted that                                                              
if  anyone  wished to  participate  in  fine  arts or  sports  the                                                              
school  district  would  need to  supervise  the  curriculum,  the                                                              
attendance,  and the progress  towards graduation.   He  suggested                                                              
that before  section 2 could be  implemented the state  would need                                                              
to have  a detailed  conversation  with home  school parents.   He                                                              
asked  whether the  school  districts would  be  more involved  in                                                              
certification   of  grades,  attendance,   and  progress   towards                                                              
graduation than under the current process.                                                                                      
                                                                                                                                
GARY  MATHEWS agreed  with  the  potential outcome  since  schools                                                              
would  be held accountable  for  reporting on  the status  of home                                                              
schooled students.                                                                                                              
                                                                                                                                
8:28:54 AM                                                                                                                    
                                                                                                                                
DREMA FITZHUGH,  Member, Chugiak Football Boosters  Club, referred                                                              
to a student,  Craig Lowe, who was deemed ineligible  in midseason                                                              
last  year.   She  expressed  her appreciation  to  Representative                                                              
Saddler for introducing the bill.                                                                                               
                                                                                                                                
8:30:21 AM                                                                                                                    
                                                                                                                                
MARY VALLIERES  stated her  son is  Craig Lowe.   She offered  her                                                              
support for all  parents of home schooled students  who want their                                                              
children  to be  able to  participate  in sports.   She  explained                                                              
that her son was  excluded from high school football  since he was                                                              
home schooled by  a different school district and  was later found                                                              
ineligible.   She  recalled Mr.  Mathew's  earlier testimony  that                                                              
the effective  date of the bill  would be next year.   She pointed                                                              
out  that  her  son  is  a  senior  and  he  will  never  have  an                                                              
opportunity  to play  high school  football.   This was his  first                                                              
sport, she said.   She reiterated that the home  schooled children                                                              
who  are seniors  will  never have  a chance  again  to play  high                                                              
school sports.   She did  not understand  the reason her  son, who                                                              
was  enrolled [in  the IDEA  program,  which is  a statewide  home                                                              
school program,]  was ineligible since he resides  in Chugiak, but                                                              
could not play football at Chugiak High School.                                                                                 
                                                                                                                                
CHAIR DICK appreciated  her testimony and encouraged  her to speak                                                              
to her position  on the bill.   He related his  understanding that                                                              
the  bill,  if passed,  may  have  an effective  date  beyond  the                                                              
timeframe that would help her son's eligibility issue.                                                                          
                                                                                                                                
MS. VALLIERES  responded that  parents want  their children  to be                                                              
able to have  childhood opportunities and it is  difficult to have                                                              
their  student  excluded  from   programs.    She  emphasized  the                                                              
importance of music education.                                                                                                  
                                                                                                                                
CHAIR  DICK  understood music  education  is  an option  for  home                                                              
schooled students,  but noted these homeschooled  students are not                                                              
eligible to play football.                                                                                                      
                                                                                                                                
REPRESENTATIVE SADDLER  asked whether she had any  thoughts on how                                                              
home  school  parents  might  verify a  student's  progress  in  a                                                              
program like IDEA.                                                                                                              
                                                                                                                                
MS.  VALLIERES responded  that  she must  provide  samples of  her                                                              
son's  progress   quarterly.    She  related  she   typically  has                                                              
communicated by  phone and e-mail  with her son's teacher  and she                                                              
submits his grades.                                                                                                             
                                                                                                                                
8:36:36 AM                                                                                                                    
                                                                                                                                
PETE  HOEPFNER,  President,  Cordova   School  Board,  stated  his                                                              
opposition  to HB  369.   He  related that  this  bill covers  two                                                              
diverse  and divergent  topics.   The first topic  relates  to the                                                              
medical diagnosis  and treatment  of concussions,  which  needs to                                                              
be  addressed.    A requirement  for  certification  needs  to  be                                                              
deleted  since  a regulatory  body  to do  so  does  not exist  in                                                              
Alaska.   He related his  understanding that physicians  currently                                                              
have  expressed strong  concern with  signing any  version of  the                                                              
medical  release  form.    Thus  this change  is  necessary.    He                                                              
pointed out  that the second section  of the bill relates  to home                                                              
schooled student  participation in  public school activities.   He                                                              
offered  his belief  that  this  section of  HB  369 has  multiple                                                              
problems.    He   offered  his  belief  that   implementing  these                                                              
provisions  would become  a paper  nightmare  due to  the need  to                                                              
continually  monitor  eligibility  of home  schooled  students  in                                                              
order for  them to  participate in  the public  schools.   He said                                                              
that  if parents  want their  children to  participate in  student                                                              
activities they must  enroll them in school.  He  pointed out that                                                              
Cordova  students  can enroll  in  the Cordova  School  District's                                                              
home  school  program  and  become   eligible  for  any  activity.                                                              
Additionally,  he cautioned  that  a home  schooled student  could                                                              
displace  a public  school  student.   Further,  he recalled  that                                                              
student  activity fees  were previously  mentioned.   In  Cordova,                                                              
student activity  fees are  a little lower,  but none of  the fees                                                              
add up  to the  costs involved  for a  coach's salary,  equipment,                                                              
and travel.   The costs  for the home  schooled student  would not                                                              
be  funded,  he  said.    Further,  budget  constraints  currently                                                              
exist.    Last  year  Cordova  funded   $100,000  towards  student                                                              
travel, but  this year only  $75,000 is  budgeted for travel.   He                                                              
reiterated that  funding for home  schooled students is  not taken                                                              
under consideration.   He surmised  that parents  sometimes choose                                                              
to home school  their children when they think  public schools are                                                              
insufficient;  however, the parents  then want their  homeschooled                                                              
children to  participate in  sports programs.   He stated  support                                                              
for HB 15, which  passed last session, and needs  to be amended to                                                              
eliminate   the   certification   provision  of   those   treating                                                              
concussions;  however, he  expressed  his opposition  to the  home                                                              
school  provision in  HB  369 since  students  can participate  by                                                              
enrolling  in the local  school's  home school  system and  due to                                                              
lack of funding.                                                                                                                
                                                                                                                                
8:40:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON referred  to  section 1  of HB  369 to  the                                                              
addition  of the  four  words, "and  is  currently certified"  and                                                              
asked  about  the effective  date  for  that  portion.   He  asked                                                              
whether it would affect ASAA's ability to implement the change.                                                                 
                                                                                                                                
MR. HOEPFNER answered  that he is a board member  of ASAA, but did                                                              
not  want to  speak for  the ASAA;  however, the  sooner the  four                                                              
words could  be deleted  from the  existing language,  the better,                                                              
since a certification process does not exist.                                                                                   
                                                                                                                                
8:41:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA reviewed the  fiscal note, which  indicates                                                              
no cost  involvement to EED.   She asked  whether any  costs arise                                                              
for  the department  or  if  the costs  would  be  carried by  the                                                              
parents themselves.                                                                                                             
                                                                                                                                
CHAIR DICK  stated his  understanding that the  fiscal note  is to                                                              
the EED.                                                                                                                        
                                                                                                                                
MR.  HOEPFNER  said that  Cordova's  travel  budget for  the  team                                                              
travel  is $100,000.    He indicated  the  money  is derived  from                                                              
student  allocations.   He  pointed out  that  numerous costs  are                                                              
associated  with student  activities.   Students  travel to  rural                                                              
districts and  the funding within  the budget would not  allow for                                                              
student activities  such as coaches, buildings, energy  for lights                                                              
and  heat.   He stressed  that  student  activities keep  students                                                              
engaged, which  is why school  boards fund  them.  Some  costs are                                                              
offset  by fundraising;  however,  home schooled  students do  not                                                              
contribute  money  to  the  effort   so  it  becomes  an  unfunded                                                              
mandate.    He  indicated  that the  student  allocation  for  the                                                              
student  in  Chugiak  previously  mentioned  went  to  the  Galena                                                              
School  District  since  Mr.  Lowe  was  enrolled  in  the  Galena                                                              
program and  not the ASD.  He  stated that the student  could have                                                              
enrolled in  the ASD and  his eligibility  would not have  been an                                                              
issue.                                                                                                                          
                                                                                                                                
REPRESENTATIVE   CISSNA  referred   to  the   comment  that   this                                                              
represents  an unfunded  mandate.   She asked  whether the  travel                                                              
funding is  state funding  or if  travel costs  are raised  in the                                                              
community.                                                                                                                      
                                                                                                                                
MR.  HOEPFNER said  that  the school  provides  a  portion of  the                                                              
travel  funding, but  the teams  raise the balance  of the  travel                                                              
funding.    He  recalled  that the  high  school  volleyball  team                                                              
needed  to  raise approximately  $21,000  for  travel  costs.   He                                                              
further recalled  the school district  funded $10,000  through the                                                              
general  fund  monies,  but  the   remainder  was  raised  by  the                                                              
community.                                                                                                                      
                                                                                                                                
CHAIR DICK acknowledged  that Cordova has been  very effective and                                                              
they  have  earned  awards  for superintendent  of  the  year  and                                                              
teacher of  the year.  He said  it would  be difficult  to imagine                                                              
that  home  schooled  students  and their  parents  would  not  be                                                              
involved in any of the community fund raising efforts.                                                                          
                                                                                                                                
8:47:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  clarified the aspect of the  bill that Mr.                                                              
Hoepfner supports.                                                                                                              
                                                                                                                                
MR.  HOEPFNER  related  his understanding  the  language  "and  is                                                              
currently certified"  needs to be  deleted since there is  not any                                                              
state  certification process  available.   He  suggested that  Mr.                                                              
Mathews  could speak  to the specific  language  since he  was not                                                              
certain.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  SADDLER referred to  Mr. Hoepfner's  opposition to                                                              
section 2.   He  said it seemed  that some  of his concerns  would                                                              
also apply  to the  local school  students and  not just  the home                                                              
schooled students.   He  pointed out  that home schooled  students                                                              
would be involved  in fundraising and secondly, the  burden of the                                                              
eligibility  proof   exists  for   students  enrolled   in  public                                                              
schools.   He did not  think it would  be much different  for home                                                              
schooled students.                                                                                                              
                                                                                                                                
[HB 369 was set aside.]                                                                                                         
             HB 369-STUDENT PARTICIPATION IN SPORTS                                                                         
                                                                                                                                
6:31:00 PM                                                                                                                    
                                                                                                                                
CHAIR  DICK  announced   that  the  committee  would   return  its                                                              
attention  to HOUSE  BILL NO.  369,  "An Act  relating to  student                                                              
participation  in  sports."   Discussion  on  the bill  was  begun                                                              
during the 8:00 a.m. to 10:00 a.m. portion of the meeting.                                                                      
                                                                                                                                
6:31:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  moved  to  adopt  the  proposed  committee                                                              
substitute  (CS)   for  HB  369,  Version   27-LS1324\X,  Mischel,                                                              
4/4/12.                                                                                                                         
                                                                                                                                
REPRESENTATIVE SEATON objected for the purpose of discussion.                                                                   
                                                                                                                                
6:31:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER reviewed  the changes  in the proposed  CS                                                              
Version  X,  beginning with  a  new  title  ["An Act  relating  to                                                              
student   participation   in   interscholastic   activities;   and                                                              
providing for an  effective date."], which reflects  that the bill                                                              
now covers  all interscholastic  activities, as opposed  to simply                                                              
sports.   In section  1, as  discussed earlier  in committee,  the                                                              
language deleted from page 1, line 8 read:                                                                                      
                                                                                                                                
     [AND IS CURRENTLY CERTIFIED,                                                                                               
                                                                                                                                
REPRESENTATIVE  SADDLER   directed  attention  to   section  2  of                                                              
Version   X,  explaining   that   this  section   now  refers   to                                                              
interscholastic  activities, not  just sports,  and he noted  that                                                              
the student is still  the party responsible to provide  all of the                                                              
required  eligibility documentation  to  the  school.   Additional                                                              
requirements  remain  the  same,  with the  exception  of  medical                                                              
documents,  which are  only necessary  for  those activities  that                                                              
require them,  such as sports.  On  page 2, line 23  of Version X,                                                              
the  word "external"  was deleted  from the  previous version  and                                                              
replaced  with  the  word  "recognized"   which  is  a  term  more                                                              
commonly used in statute.                                                                                                       
                                                                                                                                
6:33:35 PM                                                                                                                    
                                                                                                                                
LYNN  SMITH, Staff  to Representative  Dan  Saddler, Alaska  State                                                              
Legislature,  proceeded  with  the  changes  in  the  proposed  CS                                                              
identified  as  Version   X.    She  explained   the  change  from                                                              
"external" to  "recognized" was  recommended by Legislative  Legal                                                              
and Research  Services, Legislative  Affairs Agency.   On  page 2,                                                              
line  30  of Version  X,  the  word "classes"  replaced  the  word                                                              
"credits"  on  page  2,  line  28  of  the  previous  version,  in                                                              
response  to the concern  that not  all classes  are considered  a                                                              
credit.     Ms.  Smith   then  directed   attention  to   page  3,                                                              
subparagraph (C) of the original bill that read:                                                                                
                                                                                                                                
     if a student in grade 12, has passed all parts of the                                                                      
     secondary school competency examination required under                                                                     
     AS 14.03.075                                                                                                               
                                                                                                                                
MS. SMITH  said this  subparagraph has been  removed in  Version X                                                              
because  the high  school  competency  exam does  not  have to  be                                                              
completed  until April,  so there  is  the potential  that a  high                                                              
school senior  may not have passed  all of the tests.   Removal of                                                              
this provision will  allow a student to participate  in activities                                                              
as  long as  they are  "on  track to  graduate."   Another  change                                                              
under definitions is  found on page 3, line 3 of  Version X, which                                                              
read:                                                                                                                           
                                                                                                                                
       (4) "interscholastic activities" means preparation                                                                       
        for and participation in events or competitions                                                                         
        involving another school when the preparation or                                                                        
     participation                                                                                                              
                                                                                                                                
          (A) is sanctioned or supported by the statewide                                                                       
     interscholastic activities governing body;                                                                                 
          (B) is conducted outside of the regular school                                                                        
     curriculum; and                                                                                                            
          (C) does not involve participation in student                                                                         
     government at a school.                                                                                                    
                                                                                                                                
MS.  SMITH  explained   this  change  excludes   participation  in                                                              
student  government and  for  activities for  which  a student  is                                                              
required  to  take  a  class,  such  as  a  choir  class  that  is                                                              
scheduled during the  regular school day.  In  addition, Version X                                                              
makes section  1 effective immediately  and changes  the effective                                                              
date for section [2] to 7/1/13.                                                                                                 
                                                                                                                                
6:36:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER   referred  to   a   concern  raised   by                                                              
Representative   Pruitt  that   he   called  "school   eligibility                                                              
shopping."   Version  X retains  language from  the original  bill                                                              
that prohibits  this  practice beginning  on page  2, line  7 that                                                              
read:                                                                                                                           
                                                                                                                                
     that  the  student  would  be  eligible,  based  on  the                                                                   
     residence  of  the  parent  or  legal  guardian  of  the                                                                   
     student, to  attend were the student not enrolled  in an                                                                   
     alternative education program ...                                                                                          
                                                                                                                                
REPRESENTATIVE  SADDLER  advised  this  language  ensures  that  a                                                              
student cannot  "jump out of  his own home  zone" school  in order                                                              
to  participate.     In  addition,  he  addressed   the  financial                                                              
implications  on  schools,  and  paraphrased  from  the  following                                                              
written statement [original punctuation provided]:                                                                              
                                                                                                                                
     There is no significant disparity in the financial                                                                         
     support between the students covered by this bill, and                                                                     
     regular public high school students:                                                                                       
                                                                                                                                
     1) Students from home schools or alternative schools                                                                       
     would have to pay the same activity fees as students                                                                       
     in local high schools.                                                                                                     
                                                                                                                                
     2) Schools and athletic facilities are often funded by                                                                     
     bonds, paid for by the state on a 90-10 match.  The                                                                        
     state has already paid most of the cost; the remainder                                                                     
     is paid by local property taxes, which are also paid                                                                       
     by parents of HS students.                                                                                                 
                                                                                                                                
     3) Parents of HS kids must pay property taxes that go                                                                      
     toward the 4 mil local contribution under state                                                                            
     education foundation formula.  In areas where there is                                                                     
     no local required - like in [the] Bush - then no local                                                                     
     parents pay property taxes.                                                                                                
                                                                                                                                
     4) Again, many of the costs of athletic programs are                                                                       
     sunk costs - gyms, stadiums, uniforms, balls,                                                                              
     equipment.  It is not necessary to reequip an entire                                                                       
     athletic department each year, based solely on                                                                             
     contributions' of this year's team members.                                                                                
                                                                                                                                
6:38:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA pointed  out that  many communities  do not                                                              
have  property taxes,  and  it is  unfair  if  schools have  fewer                                                              
resources because  home school  students are  not included  in the                                                              
student count.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  SADDLER pointed  out the  issue addressed  by this                                                              
bill is not fairness  in the funding of schools.   The issue is if                                                              
the  area  does  not  have property  taxes,  there  would  not  be                                                              
disparity  as  neither the  home  school  parent, nor  the  public                                                              
school parent, pay local property taxes.                                                                                        
                                                                                                                                
REPRESENTATIVE CISSA  stressed that a school is  given funds based                                                              
on its number  of students on the  day of the school  count.  Thus                                                              
the cost  of bringing in  students who are  not part of  the count                                                              
will not be made up through property taxes.                                                                                     
                                                                                                                                
REPRESENTATIVE SADDLER  said students are required  to pay student                                                              
participation  activity  fees.   Also,  local schools  have  fund-                                                              
raising  activities, and  home school  students would  participate                                                              
as other team members would.                                                                                                    
                                                                                                                                
6:42:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON surmised the  legislation applies  to "home                                                              
school  students that  are  in a  district-provided  school, or  a                                                              
statewide accredited  school, or that are all in  public schools -                                                              
that are  public vocational schools,  the military  youth academy,                                                              
and  a  public  ...  statewide   correspondence  school  ...  that                                                              
provides  less   than  three  hours   per  week   of  face-to-face                                                              
interaction  with students."   The  legislation  does not  include                                                              
"typical" home school students across the state.                                                                                
                                                                                                                                
REPRESENTATIVE   SADDLER  said   correct,  and   added  that   the                                                              
definition  in   the  bill  does  not  include   independent  home                                                              
schools.                                                                                                                        
                                                                                                                                
REPRESENTATIVE   SEATON  asked   whether  vaccinations   would  be                                                              
required.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  SADDLER  expressed  his  belief  vaccinations  are                                                              
required, and  medical fitness standards  for sports are  the same                                                              
for all students.   In further response to  Representative Seaton,                                                              
he  clarified  that  medical  records   would  be  provided  "when                                                              
required."                                                                                                                      
                                                                                                                                
REPRESENTATIVE  SEATON indicated  he  was referring  to a  student                                                              
going to a school for any activity.                                                                                             
                                                                                                                                
6:44:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FEIGE   opined  shot  records  are   required  for                                                              
certain things.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  SEATON asked,  "In this  case students  can go  to                                                              
school without those,  unless there's a particular  vaccination or                                                              
physical  exam  or  something that's  required  by  that  specific                                                              
activity?"                                                                                                                      
                                                                                                                                
REPRESENTATIVE SADDLER said correct.                                                                                            
                                                                                                                                
6:45:21 PM                                                                                                                    
                                                                                                                                
MR.  MATHEWS asked  whether  every reference  to  "interscholastic                                                              
sports" in the  original bill is now "interscholastic  activities"                                                              
in Version X.                                                                                                                   
                                                                                                                                
REPRESENTATIVE SADDLER said that is correct.                                                                                    
                                                                                                                                
MR.  MATHEWS asked  for clarification  on whether  a private  home                                                              
school that  does have  accreditation to  a recognized  body, such                                                              
as the  American Home  School Association,  would come  under this                                                              
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  said yes,  the legislation applies  when a                                                              
home school is accredited by a recognized accrediting body.                                                                     
                                                                                                                                
6:49:13 PM                                                                                                                    
                                                                                                                                
CHAIR  DICK, after  determining  no one  else  wished to  testify,                                                              
closed public testimony.                                                                                                        
                                                                                                                                
6:49:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON removed  his objection  to the adoption  of                                                              
the proposed  CS for HB 369,  Version X, as the  working document.                                                              
There  being  no  further  objection, Version  X  was  before  the                                                              
committee.                                                                                                                      
                                                                                                                                
6:49:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved Conceptual Amendment 1, labeled 27-                                                                 
LS1324\D.2, Mischel,  4/4/12, and  announced his intention  to add                                                              
another conceptual change to it.                                                                                                
                                                                                                                                
6:50:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON objected for the purpose of discussion.                                                                
                                                                                                                                
REPRESENTATIVE  SEATON said  the conceptual  amendment as  written                                                              
removed section  2 of  the bill, and  he added another  conceptual                                                              
change that  deleted section  4, which is  the effective  date for                                                              
section  2.   Representative  Seaton observed  that  the bill  has                                                              
just  been introduced  and already  has  been drastically  changed                                                              
after hearing testimony  from three people, but  without testimony                                                              
from school  districts, or  from home  schools.  Furthermore,  the                                                              
students affected have  changed from those in all  grades to those                                                              
in grades nine through  twelve, and from those in  sports to those                                                              
in  all interscholastic  activities,  although there  has been  no                                                              
testimony from participants  in any activity; in  fact, the public                                                              
has  not  been heard.    He  opined  section  2 is  not  ready  to                                                              
advance, and  encouraged the committee  to hear further  testimony                                                              
and discussion  on liability  and insurance  issues, and  on state                                                              
funding.    Representative  Seaton  said  he  was  unsure  of  his                                                              
opinion on  the idea,  but has  a problem  not knowing  the bill's                                                              
effect  on  his constituents  and  on  school districts  that  are                                                              
presently  in  a funding  crisis  which  could be  exacerbated  by                                                              
expanding enrollment in interscholastic activities.                                                                             
                                                                                                                                
6:54:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  stated his support for the  amendment and                                                              
for section  1 of  the bill,  which is  a "technical  tweak"  to a                                                              
bill  adopted last  year.   However, section  2 is  a policy  call                                                              
before   the   committee   that   was   just   introduced   today.                                                              
Interscholastic  activities  need to  be expanded  beyond  sports,                                                              
but there are questions  that are unanswered by the  bill, such as                                                              
the  inclusion   of  show   choirs  and   Model  United   Nations.                                                              
Representative  Kawasaki  spoke  of  the  need to  talk  with  his                                                              
constituents and  school district  regarding the possibility  that                                                              
home  school students  may displace  public school  students on  a                                                              
team,  without  meeting  the  same   academic  requirements.    He                                                              
acknowledged that  home school  students presently participate  in                                                              
his district, but wanted to finish researching the issues.                                                                      
                                                                                                                                
6:57:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA stated  her  support for  Amendment 1,  and                                                              
noted that  many families  in her district  in Anchorage  are home                                                              
schooling  their children.   She recounted  a personal  experience                                                              
to emphasize the  importance of social activities  for home school                                                              
students,  and said  Amendment  1  will allow  the  bill to  truly                                                              
address the issue properly.                                                                                                     
                                                                                                                                
7:00:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE  said he would not support  the amendment and                                                              
stated his  belief that all  students should have  the opportunity                                                              
to  participate  in  sports  and  other  enriching  activities  at                                                              
school.   He said the  financial burden  is the same  for everyone                                                              
in  a  community,   as  property  taxes  and  state   funding  for                                                              
education  are  the  same.    Representative  Feige  said  he  was                                                              
satisfied  with the CS  as written  because alternative  education                                                              
programs as  defined must be  accredited programs  with structure,                                                              
curriculum, and  a grading  scheme.  The  bill also  requires that                                                              
the  student  provide  whatever   documentation  that  the  school                                                              
demands.    He  pointed  out  that most  of  the  schools  in  his                                                              
district already  allow home school  students to participate  in a                                                              
variety of activities  and "... they don't seem  to be complaining                                                              
about the cost or the fairness, or anything like that now."                                                                     
                                                                                                                                
7:02:54 PM                                                                                                                    
                                                                                                                                
CHAIR DICK spoke  of his experience as a home  school teacher, and                                                              
said  most home  school  students are  ready  for college  because                                                              
they are  disciplined about  their schoolwork.   Nationally,  home                                                              
school  students are  getting  a better  education  than those  in                                                              
public school.   In Alaska, the cost to the state  for home school                                                              
programs is less  than one-half of that of public  schools, and he                                                              
stated his support of both sections of the bill.                                                                                
                                                                                                                                
7:03:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON maintained her objection.                                                                              
                                                                                                                                
7:04:01 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives Cissna,  Kawasaki,                                                              
and   Seaton  voted   in   favor   of  Conceptual   Amendment   1.                                                              
Representatives P.  Wilson, Feige, Pruitt, and Dick  voted against                                                              
it.  Therefore, Conceptual Amendment 1 failed by a vote of 3-4.                                                                 
                                                                                                                                
7:05:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  moved  to  report CSHB  369,  Version  27-                                                              
LS1324\X,  out of  committee with  individual recommendations  and                                                              
the accompanying fiscal notes.                                                                                                  
                                                                                                                                
7:05:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA objected.                                                                                                 
                                                                                                                                
7:05:19 PM                                                                                                                    
                                                                                                                                
A roll  call vote was taken.   Representatives Pruitt,  P. Wilson,                                                              
Seaton, Feige, and  Dick voted in favor of the proposed  CS for HB
369,  Version  X.    Representatives  Cissna  and  Kawasaki  voted                                                              
against  it.  Therefore,  CSHB 369(EDC)  was  reported out  of the                                                              
House Special Committee on Education by a vote of 5-2.                                                                          

Document Name Date/Time Subjects
CS HB 369 Version X 040412.pdf HEDC 4/4/2012 8:00:00 AM
HB 369
CS HB 369 Am.pdf HEDC 4/4/2012 8:00:00 AM
HB 369