Legislature(2013 - 2014)CAPITOL 106

02/22/2013 08:00 AM House EDUCATION


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08:01:00 AM Start
08:01:44 AM HJR1
09:53:53 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HJR 1 CONST. AM: EDUCATION FUNDING TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
               HJR 1-CONST. AM: EDUCATION FUNDING                                                                           
                                                                                                                                
8:01:44 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS announced  that the only order of  business would be                                                               
HOUSE  JOINT  RESOLUTION  NO.  1,  Proposing  amendments  to  the                                                               
Constitution of  the State  of Alaska relating  to state  aid for                                                               
education.                                                                                                                      
                                                                                                                                
8:02:26 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
8:03:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WES KELLER, Alaska  State Legislature, speaking as                                                               
the sponsor, stated  that proposed HJR 1 would  give Alaskans the                                                               
opportunity to  vote to  amend the  Alaska State  Constitution to                                                               
include the  statement:  "nothing  in this section  shall prevent                                                               
payment from public  funds for the direct  educational benefit of                                                               
students as provided by law."   He offered his belief that a vote                                                               
against HJR  1 would state  that a person  did not want  to allow                                                               
Alaskans to decide  whether that sentence should  be included, or                                                               
would  be an  attempt  at preventing  Alaskans  from making  this                                                               
decision.   Directing  attention  to page  1, lines  8  - 11,  he                                                               
pointed out  that HJR  1 would  also delete  the following:   "No                                                               
money shall be  paid from public funds for the  direct benefit of                                                               
any religious or other private educational institution."                                                                        
                                                                                                                                
8:05:29 AM                                                                                                                    
                                                                                                                                
JIM  POUND,  Staff,  Representative   Wes  Keller,  Alaska  State                                                               
Legislature, stated  that HJR 1 "moves  Alaska's education system                                                               
forward.   It  eliminates a  federal  mandate."   He offered  his                                                               
belief  that this  was in  response  to an  Alaska Supreme  Court                                                               
interpretation  to  not permit  state  funding  to a  private  or                                                               
religious  school.   He  assessed that  HJR 1  was  a request  to                                                               
Alaskans   for  whether   "they   want   to  expand   educational                                                               
opportunities from K through 16."   He suggested that other bills                                                               
had   supported    needs   based   scholarships    and   academic                                                               
scholarships, which  all went  to the University  of Alaska.   He                                                               
stated,  "There's nothing  wrong with  the University  of Alaska,                                                               
but in  many cases,  these students  want to  have options  to go                                                               
somewhere else."   He assured the committee that HJR  1 would put                                                               
those options  to the voters in  Alaska, and would "not  make any                                                               
decisions, today, having  to do with public funding."   He stated                                                               
that the proposed resolution was not  a voucher bill, and was not                                                               
a  parent  or   school  choice  legislation.     He  offered  his                                                               
interpretation  that  it would  not  bankrupt  the public  school                                                               
system because it  would create competition, and that  it was not                                                               
discriminatory.  He stated that  the proposed resolution only did                                                               
one thing, it  "puts the vote before the Alaska  people to decide                                                               
if  their  legislature, and  then  this  legislature can  decide,                                                               
later  on,   whether  there's   school  choice,   parent  choice,                                                               
vouchers, or whatever you wanna call them."                                                                                     
                                                                                                                                
8:07:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  how  many times  the Alaska  State                                                               
Constitution had been amended.                                                                                                  
                                                                                                                                
REPRESENTATIVE  KELLER   replied  that  he  did   not  have  that                                                               
information,  and  suggested  that  there  were  people  on  line                                                               
waiting to testify.                                                                                                             
                                                                                                                                
8:08:23 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS asked  to clarify that the  proposed resolution only                                                               
asked the Alaskan voters "if it's okay."                                                                                        
                                                                                                                                
REPRESENTATIVE KELLER replied "that's  exactly right.  That's all                                                               
it's  about."   In  response  to a  further  question from  Chair                                                               
Gattis, he said that approval  of the resolution would not create                                                               
education  vouchers or  scholarships,  that it  would only  allow                                                               
Alaskans to  decide whether this  sentence should be  included in                                                               
the Alaska  State Constitution:   "nothing in this  section shall                                                               
prevent  payment from  public funds  for  the direct  educational                                                               
benefit of students as provided by law."                                                                                        
                                                                                                                                
8:09:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON called attention  to the committee that the                                                               
proposed resolution  also deleted language,  which he read:   "No                                                               
money shall be  paid from public funds for the  direct benefit of                                                               
any  religious or  other private  educational  institution."   He                                                               
stated  that a  vote for  the proposed  resolution would  express                                                               
agreement  that money  could  be paid  to  religious and  private                                                               
educational institutions.                                                                                                       
                                                                                                                                
REPRESENTATIVE  KELLER opined  that the  aforementioned sentence,                                                               
which would be  deleted by the proposed  resolution, was "outside                                                               
of the scope of a lot of  discussion anyway on this bill," and he                                                               
reiterated that the proposed resolution  only added the sentence:                                                               
"nothing in this section shall  prevent payment from public funds                                                               
for the  direct educational  benefit of  students as  provided by                                                               
law."                                                                                                                           
                                                                                                                                
8:10:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  clarified  that the  proposed  resolution                                                               
allowed  insertion  of  some  language   and  deletion  of  other                                                               
language.   He emphasized that  it was  not possible to  vote for                                                               
half the resolution.                                                                                                            
                                                                                                                                
REPRESENTATIVE KELLER expressed his agreement.                                                                                  
                                                                                                                                
8:12:02 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS asked  if approval of the  proposed resolution would                                                               
create a school voucher or scholarship program.                                                                                 
                                                                                                                                
REPRESENTATIVE KELLER replied that it would not.                                                                                
                                                                                                                                
8:12:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND  stated  that  an  assumption  from  the                                                               
removal of the  text on page 1, lines 8-10,  would be that "money                                                               
from  public  funds shall  be  paid  for  the direct  benefit  of                                                               
religious or other private educational  institutions."  She asked                                                               
about the  source of funding  to pay the several  million dollars                                                               
in  additional tuition  for the  2500 students  in Anchorage  who                                                               
currently attended a private or religious school.                                                                               
                                                                                                                                
REPRESENTATIVE KELLER  replied that  the proposed  resolution did                                                               
not appropriate  or spend funds,  and did not presume  that money                                                               
shall  be  spent.   He  assessed  that  the  only cost  from  the                                                               
proposed resolution would be to print the ballots.                                                                              
                                                                                                                                
REPRESENTATIVE DRUMMOND  offered her belief, "that  appears to be                                                               
skirting the  issue, Mr.  Keller."   She expressed  an assumption                                                               
that deletion  of the text  would allow money  to be paid  to the                                                               
private or religious institutions.   She repeated her request for                                                               
the source of  tuition funding, as it was  necessary to "consider                                                               
the  down   line  implications  of   a  positive  vote   on  this                                                               
constitutional amendment."                                                                                                      
                                                                                                                                
8:13:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KELLER  endorsed   that   the  application   and                                                               
presumption   by   Representative   Drummond   was   not   valid,                                                               
maintaining that the proposed resolution "does not do that."                                                                    
                                                                                                                                
CHAIR GATTIS opened public testimony  and stated that any written                                                               
testimony would be included in the official record.                                                                             
                                                                                                                                
8:15:04 AM                                                                                                                    
                                                                                                                                
KEVIN MCGEE,  stating that  he was the  parent of  three children                                                               
who had  graduated from the  Anchorage School  District, declared                                                               
his opposition to  proposed HJR 1.  He  described the educational                                                               
careers of  his three  children and  said that he  did not  see a                                                               
reason to change  the Alaska State Constitution.   He opined that                                                               
private school tuition should be paid by parents.                                                                               
                                                                                                                                
8:17:55 AM                                                                                                                    
                                                                                                                                
TOM  FINK stated  his support  for proposed  HJR 1,  offering his                                                               
belief that,  as the school  system in Alaska was  "broken," this                                                               
would remove  the major  obstacle for  correction of  the system.                                                               
He  said  that the  legislature  was  limited to  funding  public                                                               
schools, rather than funding the  education of Alaska's children.                                                               
He stated  that passage of  this proposed resolution  would allow                                                               
the  legislature   to  "answer  the  educational   needs  of  our                                                               
children."  He offered his  belief that the primary opposition to                                                               
the proposed  resolution was  the National  Education Association                                                               
(NEA), in  order to protect  "their own power structure,  not for                                                               
the education of our children."                                                                                                 
                                                                                                                                
8:19:45 AM                                                                                                                    
                                                                                                                                
DENNIS FRADLEY, referring to both  the United States Constitution                                                               
and the Alaska State Constitution,  stated that direct government                                                               
support for  religious institutions  was prohibited and  that the                                                               
proposed  resolution   did  not  alter  that   prohibition.    He                                                               
expressed his  support for HJR  1 and referenced the  options for                                                               
school  choice that  existed in  other  states.   He offered  his                                                               
belief that competition between  public and private schools would                                                               
make the schools better in Alaska.                                                                                              
                                                                                                                                
8:22:09 AM                                                                                                                    
                                                                                                                                
KATHLEEN SQUIRES stated her support  for HJR 1, and described her                                                               
limited  choices as  the parent  of a  child with  special needs.                                                               
She opined  that the public  should be allowed to  decide whether                                                               
to fund the educational system.                                                                                                 
                                                                                                                                
8:24:28 AM                                                                                                                    
                                                                                                                                
LADAWN  DRUCE,  Vice  President, National  Education  Association                                                               
(NEA)  Alaska, stated  that NEA  Alaska opposed  proposed HJR  1.                                                               
She  declared that  "children  are our  special  interest."   She                                                               
pointed out  that Alaska  had both school  and program  choice in                                                               
the  public  schools,  with  many  school  districts  offering  a                                                               
variety of alternatives.   She said that  the proposed resolution                                                               
would allow public  funds to go to private  or religious schools.                                                               
Directing attention to the concept  of competition to improve the                                                               
public schools, she  declared that there was not  any evidence to                                                               
support  this.    She  referred  to  the  educational  summit  in                                                               
Anchorage, which  had reported  that the  majority of  demand for                                                               
choice was within the public school  system.  She declared that a                                                               
voucher system would not lead  to higher student achievement, and                                                               
directed attention  to two examples  included with  her submitted                                                               
written testimony.  She suggested  a variety of funding needs for                                                               
the  schools.   She declared  that  NEA Alaska  was committed  to                                                               
great  public  education for  every  child,  and was  working  to                                                               
ensure  a quality,  qualified teacher  in every  classroom.   She                                                               
emphasized that Alaska  did not need to  change its constitution,                                                               
rather, to work  together to improve the  public schools, educate                                                               
the children, and strengthen the communities.                                                                                   
                                                                                                                                
8:26:35 AM                                                                                                                    
                                                                                                                                
DREW BAKER  stated that  "our country has  a history  of opposing                                                               
monopolies,  and they  do it  for a  reason."   He declared  that                                                               
competition  would  make  our  economy   stronger,  and  that  he                                                               
supported proposed HJR  1, in opposition to "the  monopoly of the                                                               
public school."                                                                                                                 
                                                                                                                                
8:27:26 AM                                                                                                                    
                                                                                                                                
JENNIE  HAMMOND   offered  her   belief  that  parents   had  the                                                               
responsibility to  choose the best education  for their children.                                                               
She  shared that  her children  went to  a private  school.   She                                                               
declared her support for proposed HJR 1.                                                                                        
                                                                                                                                
8:28:52 AM                                                                                                                    
                                                                                                                                
LON GARRISON,  Member, Sitka School Board,  stated his opposition                                                               
and concern for  proposed HJR 1.  He emphasized  that the framers                                                               
of  the  Alaska  State  Constitution  understood  the  value  and                                                               
necessity   for  offering   every  student   in  the   state  the                                                               
opportunity for  a quality public  education.  He  expressed that                                                               
the foundation  of democracy  resided in  the ability  to educate                                                               
the population.   He assessed that the theory  for competition in                                                               
the schools  to bring  improvement was naïve  and incorrect.   He                                                               
argued  that  this  proposed resolution  would,  instead,  create                                                               
segregation of the haves and have  nots.  He asked what oversight                                                               
would exist  for the appropriate use  of public funds.   He asked                                                               
if every private  school would be required to  accept and provide                                                               
the  opportunities demanded  by  state and  federal  law for  any                                                               
child, no matter  what their impairment.  He  questioned the idea                                                               
that competition  among schools  would result in  greater student                                                               
achievement, as public schools had  to work within the boundaries                                                               
of negotiated agreements  for salary and benefits.   He suggested                                                               
other means  for attaining student  achievement, and  offered his                                                               
belief  that  these  issues  were not  central  to  the  proposed                                                               
resolution.                                                                                                                     
                                                                                                                                
8:31:24 AM                                                                                                                    
                                                                                                                                
JOSHUA DECKER, Attorney, ACLU of  Alaska, stated that ACLU Alaska                                                               
was in  opposition to proposed HJR  1.  He said  that the framers                                                               
of the  Alaska State Constitution  had "squarely  confronted this                                                               
issue, and  directly rejected  it."  He  noted that  the proposed                                                               
resolution did not change either  federal or Alaska statute which                                                               
prohibited direct funding to private  religious institutions.  He                                                               
voiced caution  for the  funding of  private, secular  schools as                                                               
these  schools needed  to abide  by the  non-discrimination laws,                                                               
which included physical or mental disabilities.                                                                                 
                                                                                                                                
8:33:22 AM                                                                                                                    
                                                                                                                                
LANCE ROBERTS stated his support  for proposed HJR 1, saying that                                                               
tax  payers should  not  be required  to  support public  schools                                                               
while  paying more  money in  the form  of tuition  to a  private                                                               
school.   He specified  that the  proposed resolution  would give                                                               
parents  a choice  and give  the legislature  the tools  to allow                                                               
competition,  which  he opined  would  have  great results.    He                                                               
declared  that the  public  should  be allowed  to  vote on  this                                                               
issue.                                                                                                                          
                                                                                                                                
8:35:06 AM                                                                                                                    
                                                                                                                                
RON   ARNOLD,    Representative,   Educational    Support   Staff                                                               
Association  (ESSA), stated  his  opposition to  proposed HJR  1,                                                               
pointing  to  data  which  verified  the  lack  of  success  from                                                               
competition.   He  stressed the  importance  of improving  public                                                               
education  with  support  for  greater  involvement  and  greater                                                               
teachers; however, it  was not necessary to make a  change to the                                                               
constitution.                                                                                                                   
                                                                                                                                
8:37:19 AM                                                                                                                    
                                                                                                                                
ZEBULAN  WOODMAN stated  his  opposition  to HJR  1  as it  would                                                               
subsidize private  schools, while allowing operation  outside the                                                               
state laws for public schools.   He said that vouchers took money                                                               
from  public  school classrooms,  and  gave  it to  "for  profit,                                                               
education corporations,  private school operators,  and religious                                                               
organizations."   He offered his  belief that the  voucher system                                                               
was  a way  to privatize  schools, with  exemptions to  state and                                                               
federal  laws.   He indicated  that free  market principles  were                                                               
already working for  the school system, and that it  did not need                                                               
government  intervention.   He pointed  out that  fixed costs  at                                                               
public schools would  not be decreased with the  use of vouchers.                                                               
He  asked if  all applicable  federal laws  for construction  and                                                               
maintenance would also apply to private schools.                                                                                
                                                                                                                                
8:40:01 AM                                                                                                                    
                                                                                                                                
ANDY HOLLEMAN stated  his opposition to proposed HJR 1.   He said                                                               
that  competition  through  school  vouchers could  lead  to  the                                                               
opening of a system of  schools that "many Anchorage students can                                                               
never  hope to  attend."   He  opined that  this  would enable  a                                                               
segregated school system.                                                                                                       
                                                                                                                                
8:41:06 AM                                                                                                                    
                                                                                                                                
JERRY  COVEY, Education  and  Non-Profit  Consultant, stated  his                                                               
support for  proposed HJR 1, as  he believed in expansion  of the                                                               
options for  the delivery of  education to better meet  the needs                                                               
of students, parents, and employers.   He offered his belief that                                                               
an increase to the competition  within the education system would                                                               
translate to  improved education  for students.   He  opined that                                                               
school choice  should be  a fundamental  right for  every parent,                                                               
although  it   was  currently  prohibited.     He  lamented  that                                                               
thousands of  schools experienced  low achievement and  low rates                                                               
of  graduation,  and that  the  only  choice available  for  many                                                               
students was  a failing school.   He acknowledged that it  was an                                                               
unknown for what the school system  would look like if the public                                                               
approved  the proposed  resolution;  however, he  opined that  it                                                               
would spark  a comprehensive examination of  the public education                                                               
system.                                                                                                                         
                                                                                                                                
8:43:21 AM                                                                                                                    
                                                                                                                                
TUCKERMAN BABCOCK stated his support  for HJR 1 and discussed the                                                               
schooling for  his eight  children.  He  offered his  belief that                                                               
this was an issue of freedom,  and that the current school system                                                               
was  a monopoly  and  a bureaucracy.   He  asked  why freedom  of                                                               
choice for public school was denied.                                                                                            
                                                                                                                                
8:44:37 AM                                                                                                                    
                                                                                                                                
DOUG HODGES  stated his support  for proposed  HJR 1.   He voiced                                                               
his desire for improvement to the  quality of the schools, an end                                                               
to  the monopoly  of public  schools, and  freedom of  choice for                                                               
schools.  He endorsed competition among schools.                                                                                
                                                                                                                                
8:45:20 AM                                                                                                                    
                                                                                                                                
TAMMY SMITH,  Fairbanks Education Association  (FEA), established                                                               
that Alaskan  parents had the  opportunity to choose  programs in                                                               
the public schools  that met their child's  needs, either through                                                               
public charter schools or open  enrollment.  She declared that it                                                               
was not necessary  to change the Alaska State  Constitution.  She                                                               
pointed to data for voucher  programs, which indicated that these                                                               
programs were  underperforming the public schools.   She declared                                                               
that  voucher schools,  in most  instances, choose  the students,                                                               
not  the other  way  around,  which left  out  the students  with                                                               
learning disabilities and other needs.                                                                                          
                                                                                                                                
8:47:45 AM                                                                                                                    
                                                                                                                                
TOYA  SANDERSON,  Fairbanks  Support  Staff  Association  (FSSA),                                                               
testified during  the hearing on HJR  1.  She described  her work                                                               
in the  schools as a  graduation success  coach, and a  member of                                                               
the support  staff.  Her  position had been  cut due to  the flat                                                               
funding,  and three  years  later the  graduation  rate began  to                                                               
fall.   She stated that  parents have always  had a choice  to be                                                               
involved and engaged in their  child's education, and that choice                                                               
still existed.                                                                                                                  
                                                                                                                                
8:50:13 AM                                                                                                                    
                                                                                                                                
ARNOLD COHEN,  Pacific Northern Academy, testified  in opposition                                                               
to  proposed HJR  1 because,  as  an independent  school, it  was                                                               
necessary  to  set  its  own standards  for  admission  and  that                                                               
acceptance  of  public  funds would  allow  public  scrutiny  and                                                               
public school provisions.  He  declared that this would result in                                                               
a loss  of the independence.   He expressed his concern  that the                                                               
use of public  funds for non-public education  would diminish the                                                               
quality of  public education.   He  discussed the  possibility of                                                               
private  diploma-mill companies  entering the  school market  and                                                               
having low  standards.   He offered  his belief  that it  was the                                                               
obligation of the  state to oversee the use of  public funds.  He                                                               
questioned  the amount  of  the vouchers,  pointing  out that  an                                                               
independent school, with  a class size of less  than 15 students,                                                               
cost about  $19,000 to educate  a student.   He asked  from where                                                               
this difference of cost would be provided.                                                                                      
                                                                                                                                
8:53:02 AM                                                                                                                    
                                                                                                                                
JESS  ELLIS stated  his  support  of HJR  1,  declaring that  all                                                               
Alaskans  should have  the  opportunity to  vote  on this  issue.                                                               
Commenting on the  text which was proposed for  deletion, page 1,                                                               
lines 8  - 10, he announced  that it had been  "rooted in bigotry                                                               
and for  no other reason ought  to be repealed."   He opined that                                                               
the State  of Alaska had  a constitutional obligation  to provide                                                               
for  education, and  that the  current system  "has proven  to be                                                               
more  expensive and  less effective  than  is the  case in  other                                                               
states."  He  offered his belief that there should  be the option                                                               
to employ  the private  sector in  education, "especially  if the                                                               
private sector can produce better results  at a lesser cost."  He                                                               
suggested that this would be  a prudent fiscal option.  "Liberty,                                                               
freedom, competition,  and unleashing  the genius of  the private                                                               
sector  are  all fundamental  American  and  Alaskan values,"  he                                                               
relayed.   He announced that proposed  HJR 1 would lead  to "more                                                               
choices  in  education, and  a  better  educated population.    I                                                               
believe it  will lead  to an  empowering of  good teachers  to do                                                               
their job  better and  to better  compensation for  doing so.   I                                                               
also believe it  would allow minorities the  greater potential to                                                               
escape poor public schools."                                                                                                    
                                                                                                                                
8:55:05 AM                                                                                                                    
                                                                                                                                
TAMMI GANGULI,  Alaska Parent  Teacher Association  (PTA), stated                                                               
that both the  national and Alaska PTA were in  opposition to HJR
1 and  any school voucher  system that would divert  public funds                                                               
to  private  or sectarian  schools.    She  stated that  the  PTA                                                               
believed  that  any  home school,  or  other  non-public  school,                                                               
should  meet the  same educational  standard  as public  schools.                                                               
Speaking as a  parent, she stated that it  was her responsibility                                                               
to  advocate for  her  children,  and that,  as  every child  had                                                               
unique  educational  needs, it  was  necessary  to have  a  good,                                                               
quality public  school system.   She offered her belief  that any                                                               
money  diverted from  the public  schools to  schools with  other                                                               
social  and  religious  preferences  would  deprive  the  general                                                               
public from an  enhanced education.  She offered  her belief that                                                               
the discrimination  came from  the private  schools.   She stated                                                               
her opposition to proposed HJR 1.                                                                                               
                                                                                                                                
8:58:13 AM                                                                                                                    
                                                                                                                                
WANDA LAWS,  President, National Association for  the Advancement                                                               
of Colored  People (NAACP),  stated that  the NAACP  in Anchorage                                                               
was in  opposition to proposed HJR  1.  She questioned  where the                                                               
funding would be found.  She  offered her belief that any voucher                                                               
program  would  cause segregation  between  those  who could  and                                                               
could not  afford private  schools.   She questioned  why private                                                               
schools, if funded  with public money, should not be  held to the                                                               
same  standards, rules,  and  certifications  as public  schools.                                                               
She  suggested that  more funding  for the  public schools  would                                                               
allow  for smaller  class sizes  and programs.   She  opined that                                                               
lower  income and  minority children  would "be  left out  in the                                                               
cold" with a voucher program.                                                                                                   
                                                                                                                                
9:01:01 AM                                                                                                                    
                                                                                                                                
BOB GRIFFIN  stated his  support for  proposed HJR  1, as  it was                                                               
better to fund  public education and "not worry  about the system                                                               
so much."   He reported that he  was a "proud union  member."  He                                                               
offered his belief  that the school system was  broken, as Alaska                                                               
spent  more per  capita  than any  other state,  yet  was at  the                                                               
bottom of many rankings.   He declared that "student outcomes has                                                               
to be the bottom line."   In response to Representative Drummond,                                                               
he  stated   that  the   cost  of   most  voucher   systems  were                                                               
substantially less than  the base student allocation.   He stated                                                               
that "poor, disabled, and ethnic  people have benefitted the most                                                               
from these  programs across the  country."  He declared  that the                                                               
public school system was currently segregated.                                                                                  
                                                                                                                                
9:03:52 AM                                                                                                                    
                                                                                                                                
JOHN TOBIA  stated his support for  proposed HJR 1 and  offered a                                                               
personal  anecdote about  the education  of his  daughter in  the                                                               
public schools, home school, and  private school.  He offered his                                                               
belief  that it  was critical  that children  get "the  finest of                                                               
education."                                                                                                                     
                                                                                                                                
9:06:39 AM                                                                                                                    
                                                                                                                                
CHINH GRIFFIN  stated support  for proposed  HJR 1,  and declared                                                               
that the people  should have the opportunity to  vote.  [Indisc.]                                                               
She offered her  belief that parents should choose  what was best                                                               
for the children.                                                                                                               
                                                                                                                                
9:08:45 AM                                                                                                                    
                                                                                                                                
GLEN BIEGEL,  Alaska Home Educators  Association, stated  that he                                                               
had made the choice to have a second  job in order to pay for his                                                               
children to attend a private school.   He offered his belief that                                                               
children should  have access to  the school of their  choice, and                                                               
that a voucher gave children  that opportunity.  He expressed his                                                               
strong disagreement  with the NAACP  representative.   He offered                                                               
Mt. Edgecumbe High  School as an example of  a successful school.                                                               
He testified  in support of proposed  HJR 1, and to  "stop trying                                                               
to control what parents have choices for."                                                                                      
                                                                                                                                
9:12:00 AM                                                                                                                    
                                                                                                                                
DAVID  NEES stated  his support  for proposed  HJR 1.   Directing                                                               
attention to the  proposed resolution, he reflected on  Day 44 of                                                               
the Alaska  constitutional convention  in 1957, when  an argument                                                               
had  ensued  about  direct  and indirect  aid,  and  support  for                                                               
secular schools.  He pleaded  for the proposed resolution to pass                                                               
so  that there  could  be public  discussion and  a  vote on  the                                                               
proposed resolution.   He  observed that  Alaska had  changed and                                                               
that the Alaska today was no longer the Alaska of 1947 and 1957.                                                                
                                                                                                                                
9:14:49 AM                                                                                                                    
                                                                                                                                
LAWRENCE WEISS described  an anecdote about the  struggles of his                                                               
grandparents to  receive an education  in Russia, and  that their                                                               
values had  included a  strong opinion  for no  state involvement                                                               
with private education.   He declared that he  shared these views                                                               
for the  necessity that religious  and private schools had  to be                                                               
independent  of state  funding,  which he  opined was  consistent                                                               
with both  the U.S. and  Alaska State Constitution.   He declared                                                               
that he was against the proposed resolution.                                                                                    
                                                                                                                                
9:17:46 AM                                                                                                                    
                                                                                                                                
JANE ANVIC  declared that she  had previously served as  a member                                                               
of the  Anchorage Municipal Assembly,  which was tasked  with the                                                               
establishment  of   tax  rates   for  the  financing   of  public                                                               
education.   She  stated her  opposition to  proposed HJR  1, and                                                               
opined  that the  use of  public  funding for  other than  public                                                               
education would erode  the public education system.   She offered                                                               
her belief  that it  was incumbent  upon the  State of  Alaska to                                                               
ensure provision  of a system  of education that  provided access                                                               
for  all students  to  as good  an education  as  possible.   She                                                               
opined  that   draining  financial  resources  from   the  public                                                               
education system would  be harmful to that system.   She declared                                                               
that the  reduction of financial  opportunities for  expansion of                                                               
the  public   education  system  would  improve   graduation  and                                                               
performance rates.   She  opined that public  money needed  to be                                                               
devoted  to public  education.   She declared  that this  [public                                                               
school] was  the principal  fundamental methodology  for students                                                               
to learn  to read and write.   She stated that  the management of                                                               
the resources  of the State of  Alaska had to include  support of                                                               
the public school system.                                                                                                       
                                                                                                                                
9:19:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON, pointing  to the  data from  the Lower                                                               
48, asked if it was appropriate to use that data for comparison.                                                                
                                                                                                                                
MS.  ANVIC  replied   that  it  was  appropriate   to  make  this                                                               
comparison.                                                                                                                     
                                                                                                                                
REPRESENTATIVE P. WILSON asked if  the size of Alaska contributed                                                               
to the high spending per student.                                                                                               
                                                                                                                                
MS. ANVIC  replied that  there were many  reasons, and  that size                                                               
and distance were  not the least of these.   She pointed out that                                                               
the school budget appropriation in  Anchorage had been reduced by                                                               
$25 million,  and she  offered her  belief that  the state  had a                                                               
responsibility to assist  all the school districts  in the state,                                                               
declaring a need to support the public educational system.                                                                      
                                                                                                                                
9:21:46 AM                                                                                                                    
                                                                                                                                
VICTOR FISCHER  pointed out that amending  the state constitution                                                               
was a  very serious matter, and  that the burden of  proof was on                                                               
those who would  like to make this amendment to  the Alaska State                                                               
Constitution.    Noting  that  he  was  a  member  of  the  state                                                               
constitutional convention, he offered  his belief that the casual                                                               
approach of allowing  the people to vote was  a "lousy" argument.                                                               
He  reported  that the  constitutional  language,  the same  text                                                               
proposed for  deletion by HJR  1, had been  unanimously accepted.                                                               
He declared that education was a  function of each state, so that                                                               
the aforementioned  text was not  part of the  U.S. Constitution.                                                               
He declared  his opposition to  proposed HJR 1, stating  that the                                                               
public education  system was  funded with  public money,  and any                                                               
program  approved through  passage of  HJR 1,  would be  a direct                                                               
benefit to  religious and for-profit  institutions.   He declared                                                               
that he did not support  public funds being directed to religious                                                               
and for-profit schools.                                                                                                         
                                                                                                                                
CHAIR GATTIS  said that, as  public money was already  going into                                                               
private and religious institutions, this  was a dilemma which the                                                               
legislature was attempting to reconcile.                                                                                        
                                                                                                                                
MR. FISCHER,  in response,  stated that  the situation  was still                                                               
open enough that the law  allowed the opportunity for scholarship                                                               
programs.   He  noted  that  this could  continue  until a  legal                                                               
challenge  was  brought  and  the Alaska  Supreme  Court  made  a                                                               
ruling.                                                                                                                         
                                                                                                                                
CHAIR GATTIS expressed her agreement.                                                                                           
                                                                                                                                
9:27:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  reiterated that the burden  of proof was                                                               
on those  who would  change the constitution.   Referring  to her                                                               
earlier  question   posed  to  the  sponsor   of  the  resolution                                                               
regarding  the  source  of  funding, she  pointed  out  that  his                                                               
response had been  that funding was not the  question with regard                                                               
to HJR 1.   She asked what Mr. Fischer would  determine to be the                                                               
burden of proof  for the legislature to put this  question to the                                                               
voters.                                                                                                                         
                                                                                                                                
MR.  FISCHER replied  that the  basic question  was whether  this                                                               
resolved a non-existent problem.  He  opined that there was not a                                                               
fundamental problem with the existing constitutional language.                                                                  
                                                                                                                                
9:29:21 AM                                                                                                                    
                                                                                                                                
LAURA BONNER  stated her opposition to  HJR 1 and that  it "opens                                                               
the door to  allow discrimination for special  needs students and                                                               
to lower income  families."  She opined that it  blurred the line                                                               
between  church  and  state,  and   did  not  define  any  direct                                                               
educational  benefit.   She offered  her belief  that legislators                                                               
would  be negligent  and fiscally  irresponsible with  passage of                                                               
this resolution.                                                                                                                
                                                                                                                                
9:30:45 AM                                                                                                                    
                                                                                                                                
DAN LORING  declared that  it was difficult  to state  whether he                                                               
was for or against the resolution,  and he asked the committee to                                                               
consider what was best for  the children, especially the students                                                               
in  some neighborhood  schools.   He  declared  that often  lower                                                               
socio-economic and  minority children had  been left behind.   He                                                               
stated that  good teachers and  good administrators  would assist                                                               
children with  success "at an  extremely high level."   He called                                                               
for  a  focus  on the  chronically  underperforming  neighborhood                                                               
schools and the student needs.                                                                                                  
                                                                                                                                
9:33:21 AM                                                                                                                    
                                                                                                                                
CARL  ROSE,  Executive  Director, Association  of  Alaska  School                                                               
Boards (AASB),  stated that AASB  was opposed to proposed  HJR 1.                                                               
He explained that members of the  AASB had taken the same oath as                                                               
legislators,  swearing to  support  and defend  the Alaska  State                                                               
Constitution.    Noting  that,  as nine  of  every  ten  children                                                               
attended public schools,  it was necessary to  maintain a quality                                                               
public school  system.   He declared  the difficulty  to "connect                                                               
the  dots"   between  the  proposed  constitutional   change  and                                                               
improvement of the school system.   He emphasized that there were                                                               
unintended consequences  from the  proposed resolution,  and that                                                               
passage would  make it necessary  to revisit case  law, statutes,                                                               
regulations, and  the current school  structure.  He  stated that                                                               
choice, although  a good thing in  and of itself, was  not enough                                                               
of  an argument  for  constitutional change.    He stressed  that                                                               
accountability was  the most important  issue, pointing  out that                                                               
acceptance of  state dollars  necessitated satisfaction  of state                                                               
outcomes.                                                                                                                       
                                                                                                                                
9:36:13 AM                                                                                                                    
                                                                                                                                
MARY GRAHAM  stated her  opposition to HJR  1, and  declared that                                                               
the dilution of public education  funding would not result in the                                                               
attainment of  the stated graduation  goals.  She pointed  to the                                                               
use  of  vouchers  in  other  school systems  as  an  attempt  to                                                               
redirect public funds to religious  education.  She declared that                                                               
it  was necessary  to  focus on  quality  public education,  that                                                               
there was  already choice  within the  public school  system, and                                                               
that it was not necessary to amend the state constitution.                                                                      
                                                                                                                                
9:37:49 AM                                                                                                                    
                                                                                                                                
MR. POUND  asked that questions  from the committee  be submitted                                                               
to  the  bill  sponsor,  and  that  written  responses  would  be                                                               
provided.  He  announced that the proposed resolution  was only a                                                               
step toward the possibility of  school choice, which would not be                                                               
addressed until the 29th Legislature.                                                                                           
                                                                                                                                
9:38:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  referring  to the  testimony  by  Victor                                                               
Fisher, asked whether the sponsor  agreed with the responsibility                                                               
of  the legislature  for the  ramifications  to a  constitutional                                                               
amendment,  or  was  the  sponsor   merely  responsible  for  the                                                               
"individual words  that are on  a constitutional amendment."   He                                                               
pointed to  the necessity of  a two-thirds vote for  agreement by                                                               
each  body of  the legislature  for passage  of a  change to  the                                                               
constitution, and  then to the  subsequent passage by  51 percent                                                               
of  the  people.    He   established  that  the  questions  posed                                                               
regarding funding  to the current  9,600 private  school students                                                               
had  been  declared  by  the  sponsor to  not  be  necessary  for                                                               
response  at this  time.   He  questioned the  "firewall" by  the                                                               
sponsor's declaration that the  legislature "should only consider                                                               
the  exact  words, and  not  the  ramification, of  removing  the                                                               
prohibition  for  direct  benefit  for  any  religious  or  other                                                               
private educational  institution from the constitution,  and what                                                               
that would allow."                                                                                                              
                                                                                                                                
9:40:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  stated  that,  of the  40  attempts  put                                                               
forward  to amend  the Alaska  State Constitution,  28 amendments                                                               
had been successful, and included the  rights to vote for 18 year                                                               
olds,  prohibition  of  sexual   discrimination,  creation  of  a                                                               
limited  entry  fishing permit  system,  creation  of the  Alaska                                                               
permanent fund, and assertion of the right to privacy.                                                                          
                                                                                                                                
9:41:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  asked for  the  sponsor  of the  proposed                                                               
resolution  to address  the question  for  a funding  cap to  the                                                               
private schools similar to those on the public schools.                                                                         
                                                                                                                                
CHAIR GATTIS, apologizing for  interrupting, interjected that the                                                               
discussion  was  for a  constitutional  amendment,  and that  his                                                               
questions were premature.                                                                                                       
                                                                                                                                
REPRESENTATIVE  SEATON explained  that  the  ramifications for  a                                                               
proposed constitutional  amendment were important  to understand,                                                               
and he maintained his question.                                                                                                 
                                                                                                                                
MR. POUND,  referring to the  attached fiscal note,  [Included in                                                               
members'  packets]  stated  that   there  was  no  funding  issue                                                               
attached  to  the  resolution.   He  stated  that  discussion  of                                                               
funding should be "down the road."                                                                                              
                                                                                                                                
CHAIR  GATTIS expressed  her agreement  that  the questions  were                                                               
premature.                                                                                                                      
                                                                                                                                
REPRESENTATIVE SEATON maintained his  desire for an understanding                                                               
to the federal requirements that  could occur with passage of the                                                               
proposed resolution.                                                                                                            
                                                                                                                                
CHAIR GATTIS offered  her belief that this would  be a discussion                                                               
after passage of the resolution by the people of Alaska.                                                                        
                                                                                                                                
9:44:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  opined  that an  understanding of  the                                                               
ramifications  from passage  of  a  constitutional amendment  was                                                               
important for  the voters to  comprehend, and that  she supported                                                               
the  questions proposed  by committee  members.   She offered  an                                                               
analogy to  a funding  pie, which  was limited  in its  size, and                                                               
would  result  in  smaller distributions  should  there  be  more                                                               
allocations.  She declared that  it was necessary for Alaskans to                                                               
understand these ramifications.                                                                                                 
                                                                                                                                
CHAIR GATTIS  replied "I  don't even know  what it  means, except                                                               
for  that  the  people  will  choose,  and  we  will  have  grand                                                               
conversation and big  debate on what it truly means."   She stood                                                               
firm  in her  conviction that  the people  of Alaska  trusted the                                                               
legislature to make the right choice.                                                                                           
                                                                                                                                
9:47:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   DRUMMOND  expressed   her  agreement   with  the                                                               
comments of  Representative Seaton and Representative  P. Wilson.                                                               
She  stated  that  it  was   the  fiscal  responsibility  of  the                                                               
committee   to   understand   the  possible   funding   for   the                                                               
aforementioned 9,600 students.                                                                                                  
                                                                                                                                
REPRESENTATIVE SEATON  clarified that  there were  9,600 students                                                               
in  private  and  religious  schools who  could  be  impacted  by                                                               
funding.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  DRUMMOND asked  to  clarify that  this number  of                                                               
students had  been reported  by the  Department of  Education and                                                               
Early Development.                                                                                                              
                                                                                                                                
9:49:22 AM                                                                                                                    
                                                                                                                                
JODIE TAYLOR stated  her support for HJR 1,  declaring that state                                                               
and  federal funding  should  be available  for  people in  their                                                               
choice of schools.                                                                                                              
                                                                                                                                
9:50:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER emphasized  that the  proposed resolution                                                               
was  simply a  constitutional amendment  to allow  a system,  and                                                               
that  there  should not  be  discussion  for ramifications  until                                                               
"consideration  of that  law would  be made."   He  declared that                                                               
this was a multi-step process.                                                                                                  
                                                                                                                                
CHAIR GATTIS praised his eloquence.                                                                                             
                                                                                                                                
9:51:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON clarified  that he  was not  searching for                                                               
specific examples, but that it  was necessary to understand other                                                               
laws and provisions in the  Alaska State Constitution which would                                                               
be affected  with passage of  the proposed resolution.   He asked                                                               
for  a  better  understanding  to the  meaning  of  the  proposed                                                               
amendment.  He  opined that it was necessary to  have a "high bar                                                               
to understand  and to  be able  to explain, when  it goes  to the                                                               
vote of the people, why."                                                                                                       
                                                                                                                                
CHAIR  GATTIS summarized  that the  sponsor  should explain  what                                                               
other parts  of the  state constitution  would be  affected, with                                                               
regard to education, by passage of proposed HJR 1.                                                                              
                                                                                                                                
CHAIR GATTIS announced that HJR 1 would be held over.  She left                                                                 
public testimony open.                                                                                                          

Document Name Date/Time Subjects
01 HJR 1-A Bill Text.pdf HEDC 2/22/2013 8:00:00 AM
HJR 1
02 HJR 1 sponsor statement.pdf HEDC 2/22/2013 8:00:00 AM
HJR 1
03 HJR 1 Sectional Analysis.pdf HEDC 2/22/2013 8:00:00 AM
HEDC 3/1/2013 8:00:00 AM
HJR 1
04 HJR 1 Fiscal Note DOE.pdf HEDC 2/22/2013 8:00:00 AM
HJR 1
05 HJR 1 Sponsor Background.pdf HEDC 2/22/2013 8:00:00 AM
HEDC 3/1/2013 8:00:00 AM
HJR 1
06 HJR 1 Lemon v.pdf HEDC 2/22/2013 8:00:00 AM
HEDC 3/1/2013 8:00:00 AM
HJR 1
07 HJR 1 Molly Hootch.pdf HEDC 2/22/2013 8:00:00 AM
HEDC 3/1/2013 8:00:00 AM
HJR 1
08 HJR 1 SHELDON JACKSON v.pdf HEDC 2/22/2013 8:00:00 AM
HEDC 3/1/2013 8:00:00 AM
HJR 1
09 HJR 1 ZELMAN V.pdf HEDC 2/22/2013 8:00:00 AM
HEDC 3/1/2013 8:00:00 AM
HJR 1
10 HJR 1 Article Rethinking schools.pdf HEDC 2/22/2013 8:00:00 AM
HEDC 3/1/2013 8:00:00 AM
HJR 1
11 HJR 1 Komer Legal Support.pdf HEDC 2/22/2013 8:00:00 AM
HEDC 3/1/2013 8:00:00 AM
HJR 1
12 HJR 1 Support Chavous.pdf HEDC 2/22/2013 8:00:00 AM
HEDC 3/1/2013 8:00:00 AM
HJR 1
13 HJR 1 NCAAP Oppose.pdf HEDC 2/22/2013 8:00:00 AM
HEDC 3/1/2013 8:00:00 AM
HJR 1
14 HJR 1 Letter Veh Oppose.pdf HEDC 2/22/2013 8:00:00 AM
HEDC 3/1/2013 8:00:00 AM
HJR 1