Legislature(2013 - 2014)CAPITOL 106
03/25/2013 08:00 AM House EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| HB151 | |
| SB41 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 41 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 151 | TELECONFERENCED | |
SB 41-SCHOOL SPORTS/INTERSCHOLASTIC ACTIVITIES
9:28:39 AM
CHAIR GATTIS announced that the next order of business would be
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 41, "An Act relating to
student participation in interscholastic activities; and
providing for an effective date."
9:28:48 AM
SENATOR FRED DYSON, Alaska State Legislature, speaking as the
sponsor, informed the committee the intent of SBSB 41 is to
correct an omission in legislation passed last year.
JOSHUA BANKS, Staff, Senator Fred Dyson, Alaska State
Legislature, introduced SSSB 41 on behalf of Senator Dyson,
sponsor. Mr. Banks said that with the continuing rise in
popularity of alternative education programs, many school
districts are including students from home schools and
correspondence schools. In 1997 the Alaska Legislature passed
into law House Bill 158 which allowed for school children
enrolled in private, correspondence, or home school programs, to
also enroll as part-time students in a school district.
However, a problem arose related to whether a home school
student was allowed to play on a football team. In response, in
2012 the Alaska Legislature passed Senate Bill 119 which allowed
for high school children enrolled in an alternative education
program to also participate in interscholastic activities
available at a public school. Unintentionally, private and
religious schools were not addressed in the law, and the Alaska
School Activities Association (ASAA) recently advised home
school parents that their children are ineligible to participate
in high school interscholastic activities at a non-public
school.
MR. BANKS said SSSB 41 will allow students to participate in
private schools, adding that private schools are not required to
accept a home school student onto a sports team, but the bill
prevents the systematic rejection of alternative education
students from the participation of activities and establishes
that the law cannot be a barrier to disallow alternative
education students from participation in interscholastic
activities.
9:33:15 AM
SENATOR DYSON advised that the Sponsor Substitute for SB 41
strikes the word "entirely" from Section 1 of the bill passed
last year. This was necessary because the interpretation of the
bill was that all materials being used by an alternative school
had to be from within the state.
REPRESENTATIVE LEDOUX asked why a state law is needed to allow
private schools to accept participants on their athletic teams.
SENATOR DYSON explained that ASAA sets the policy for all
schools that participate in a sports league. After the passage
of last year's legislation, a home school student could
participate in interscholastic athletics; however, the private
school would then be excluded from the league. In further
response to Representative LeDoux, he confirmed that ASAA must
conform to state law, thus the bill is necessary so that a home
school student can play for a private school and not disqualify
the private school from participating in the league.
9:35:27 AM
REPRESENTATIVE P. WILSON moved to adopt SSSB 41, as the working
document. There being no objection, SSSB 41 was before the
committee.
REPRESENTATIVE SADDLER stressed that high school athletics is
not the same as high school activities; interscholastic
activities include not only sports but also band, cheerleading,
chess club, and other activities. He requested ASAA to clarify
his understanding that under Senate Bill 119 it is not optional
for a public school to accept a student, if the student is
eligible to participate.
MR. BANKS clarified that Senate Bill 119 and the proposed bill
ensure that schools have the "final say" on whether to accept
students to play sports.
SENATOR DYSON recalled House Bill 158 in 1997 required a school
to accept a part-time student, but Senate Bill 119 and SSSB 41
are permissive related to athletics and activities. In
response to Representative LeDoux, he said the bill would apply
to playing sports at private schools.
REPRESENTATIVE REINBOLD asked for a description of the situation
at Chugiak High School.
SENATOR DYSON said the situation at Chugiak revealed a problem:
Chugiak High School approved the participation of a student, but
ASAA declared the student ineligible, and the football team was
disqualified for the season. Senate Bill 119 solved that
problem, but unintentionally excluded private schools, which
left the need for SSSB 41.
REPRESENTATIVE P. WILSON surmised that all the games were lost
due to one student.
SENATOR DYSON said yes. In further response to Representative
P. Wilson, he explained that the student wanted to play and the
school official thought the requirements for his eligibility
were met.
REPRESENTATIVE SADDLER, in response to Representative P. Wilson,
added that the student was a home school student who received
permission from Chugiak High School to play, but at the end of
the season the team was forced to forfeit the three games in
which the student played, which were victories.
REPRESENTATIVE P. WILSON asked whether the student was
recruited.
9:42:33 AM
MR. BANKS responded that ASAA bylaws carry strict penalties
against recruiting; even with the passage of the bill, private
schools could not recruit.
REPRESENTATIVE P. WILSON opined it should not be said that the
school lost all of its games because of one student.
CHAIR GATTIS clarified that a home school student has no team to
play with and last year's legislation allowed public schools to
accept home school students on their teams. The proposed
legislation would also allow private schools to accept home
school students on their teams. This legislation is necessary
to satisfy ASAA's interpretation of the statute.
9:44:55 AM
GARY MATHEWS, Executive Director, ASAA, explained ASAA is the
statewide governing body for interscholastic activities which
include athletics, fine arts, and academic activities in all of
its 200 plus member high schools in Alaska. To be an ASAA
member, a school agrees to follow a common set of rules. Every
school district in the state and all of the high schools, except
a few small, private high schools, are members. He agreed with
previous testimony that last year Senate Bill 119 solved the
problems associated with the situation at Chugiak High School,
but because Senate Bill 119 specifically addressed public
schools, the ASAA board felt ASAA did not have the authority to
include private and religious schools. Therefore, amendments to
ASAA bylaws in response to Senate Bill 119 were limited to the
public school sector. However, ASAA embraces the intent of SSSB
41; in fact, ASAA has begun the process to amend its bylaws to
include the private and religious schools that are in its
membership. Mr. Mathews said he expects the ASAA board to open
eligibility to private and religious schools in any case. He
stated that the clarification on the definition of alternative
education that is included in SSSB 41 is also supported by ASAA;
further, ASAA recently amended its bylaws to implement the
aspects of Senate Bill 119, and is prepared to incorporate the
additional changes authorized by [SSSB 41] as of July 1.
9:47:56 AM
REPRESENTATIVE LEDOUX restated that even if the bill does not
pass, ASAA will allow home school students to participate and
questioned why this action was not taken before.
MR. MATHEWS explained that the language in Senate Bill 119
identified public schools which raised a constitutional
question. He pointed out that SSSB 41 gives private schools the
opportunity to accept students, however, ASAA's interpretation
of Senate Bill 119 is that public schools do not have the option
of accepting a home schooled student if the student lives within
the school's attendance area and meets eligibility standards.
This does not guarantee that the student makes a team or is
placed in a band, he cautioned.
REPRESENTATIVE SEATON said his understanding, as well, is that
Senate Bill 119 did not guarantee a student a place on a team at
a public school, but did guarantee that he/she was eligible to
participate. He directed attention to SSSB 41, page 2, line 9,
which read:
... is eligible to participate in any interscholastic
activities program available in a religious or other
private school regulated under this chapter
REPRESENTATIVE SEATON opined this is the same wording and
requirement as that of the public school, which does not grant
an option, but that acceptance is required. He then directed
attention to subsection (b), page 2, lines 15-19, which read:
(b) A student is eligible to participate in
interscholastic activities under this section if the
student
(1) is otherwise eligible to participate in
interscholastic activities under requirements
established by the school and the statewide
interscholastic activities governing body
REPRESENTATIVE SEATON advised the language does not allow
acceptance on a case-by-case basis, and asked whether all
students are to be accepted. To clarify, he asked if the
sponsor believes Senate Bill 119 "didn't guarantee him a slot on
the team but did give him, guarantee them, the ability to
participate, to apply and participate, and if we have the same
thing here, I don't see the distinction between us not imposing
on private schools what we imposed on public schools, that they
must make available those opportunities to students that are
really not ... enrolled in their school."
9:53:01 AM
SENATOR DYSON noted that page 1, line 7, states "is eligible,"
as does page 2, line 9. He advised that just because students
are eligible to participate, does not mean the school is
required to allow them to participate. Also, participation does
not guarantee placement on a team or in a band. Senator Dyson
said the language "eliminates that bar of eligibility for that
student, but - in my understanding - it's still permissive for
the school."
MR. MATHEWS stated that schools do not have the authority to
decide whether a student is eligible, but must follow the rules,
policies, and bylaws established by ASAA. He explained that
public high schools have attendance areas, although some
districts allow students to attend out of the area in which they
live. However, private schools do not have attendance areas,
but are community-wide. Senate Bill 119 said a student is
eligible at the public school they would normally attend, if
they were attending a public school, or with approval of the
school district. He directed attention to SSSB 41, page 2,
lines 6-14, which read:
(a) A full-time student who is eligible under (b) of
this section who is enrolled in grades nine through 12
in an alternative education program that is located in
the state and that does not offer interscholastic
activities is eligible to participate in any
interscholastic activities program available in a
religious or other private school regulated by this
chapter
(1) that the student would be eligible to attend
were the student not enrolled in an alternative
education program; and
(2) at which the student requests to participate,
if the administrator of the school approves.
MR. MATHEWS pointed out that the above-referenced language is
not in Senate Bill 119; in fact, the school administrator must
approve only if the student wants to attend a school that he
would not normally attend. This is the basis of the distinction
made by ASAA.
9:57:43 AM
REPRESENTATIVE P. WILSON supported language that specifies the
student should choose the school in their attendance area.
MR. BANKS explained that the bill makes no limits on where a
student attends a private school.
SENATOR DYSON added that private schools and some public schools
are not limited to students from a certain geographical area.
REPRESENTATIVE P. WILSON surmised that the change is that
students in a private or religious school can participate
anywhere they wish.
SENATOR DYSON agreed, adding that waivers are available for
public school students who wish for permission to attend outside
of their attendance area.
10:00:56 AM
REPRESENTATIVE SADDLER read from Senate Bill 119, which becomes
effective July 1, as follows:
If a home school student wants to participate in
interscholastic activities at their local attendance
area they can do so if they are otherwise eligible
.... If that student who is home schooled wants to
participate in interscholastic activities at a school
outside of his attendance area, he can do so if: (a)
he shows good cause ... and if the governing body of
the school approves.
REPRESENTATIVE SADDLER explained that SSSB 41 allows students
who are home schooled to participate in interscholastic
activities at a private or denominational school anywhere in a
school district - not only in their attendance area - because
the nature of a private school is citywide attendance.
REPRESENTATIVE P. WILSON said, "... we're now saying that public
school kids can't do it, but if you're rich enough to go to a
private school you can go anywhere you want."
MR. BANKS clarified that Senate Bill 119 states that a home
school student is eligible to participate, based on the
residence of the parent or legal guardian, where the student
would be eligible to attend, were the student not enrolled in an
alternative education program.
REPRESENTATIVE P. WILSON interjected with the following
question: "So we're not giving ... private schools ... an
advantage that public school kids can't have."
SENATOR DYSON stated that the bill proposes the eligibility
rules of the particular school apply. For example, elementary
schools generally want students from the neighborhood, but kids
can go to the ABC schools because of the eligibility rules of
the ABC schools. In response to Representative P. Wilson's
question, he said no.
REPRESENTATIVE P. WILSON restated her question, and her opinion
that the answer is yes.
10:05:01 AM
REPRESENTATIVE SADDLER observed that Representative P. Wilson
was trying to determine whether a private school student can
attend any public school they wish for activities. He said the
answer is no; the bill allows a student who is home schooled to
participate in interscholastic activities at a private school or
denominational school.
REPRESENTATIVE SEATON returned attention to page 2, line 13,
which read:
... if the administrator of the school approves.
REPRESENTATIVE SEATON asked for confirmation that this language
means that participation by students will be handled on a case-
by-case basis, and eligibility will be based on any criteria
that the private school chooses.
SENATOR DYSON said yes.
REPRESENTATIVE SEATON concluded that private schools retain the
ability to discriminate on many grounds. Additionally, he
emphasized that the proposed legislation only addresses home
school students who are in a program "that is accredited by a
recognized accrediting body."
SENATOR DYSON concurred.
10:08:01 AM
REPRESENTATIVE REINBOLD stated her support for SSSB 41, saying
it will encourage participation in sports and band, helps home
school students interact with their peers, and empowers parents.
REPRESENTATIVE SADDLER stated his support for Senate Bill 119
last year was partly based on the fact that parents of home
school students pay property taxes that support local public
schools. He said:
I have a question or concern whether the students,
parents of the students who are home schooled,
accredited home schools ... will be paying the support
for the private schools or religious schools to whom,
to which, their kids want to attend. I will assume
that the administrators of those private or religious
schools will have provisions for the expense of that,
and with the decision accept them, that they will make
note that there might be some cost involved.
SENATOR DYSON indicated that is right.
REPRESENTATIVE P. WILSON concluded the bill relates only to a
home school student who wants to go to a private or religious
school.
10:09:52 AM
CHAIR GATTIS opened public testimony.
10:10:04 AM
The committee took an at-ease from 10:10 a.m. to 10:11 a.m.
10:11:17 AM
REPRESENTATIVE SEATON asked for further clarification on the
interpretation of language on page 2, lines 13 and 14, which
read:
at which the student requests to participate, if the
administrator of the school approves.
REPRESENTATIVE SEATON surmised this means that the school can
apply any criteria that the school is allowed to employ. For
example, anything that is not prohibited under the constitution
can be used for the private school to approve or disapprove.
SENATOR DYSON, speaking as the sponsor of the bill, agreed with
Representative Seaton's interpretation of that statement in the
bill.
CHAIR GATTTIS, after ascertaining no one wished to testify,
closed public testimony.
10:12:34 AM
REPRESENTATIVE SADDLER moved to report SSSB 41 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, SSSB 41 was reported from the
House Education Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 SB 41 Bill Text v. U.pdf |
HEDC 3/25/2013 8:00:00 AM |
SB 41 |
| 02 SB 41 Sponsor Statement v. U.pdf |
HEDC 3/25/2013 8:00:00 AM |
SB 41 |
| 03 SB 41 Sectional Analysis U.pdf |
HEDC 3/25/2013 8:00:00 AM |
SB 41 |
| 04 SB 41 EED Fiscal Note Version U.pdf |
HEDC 3/25/2013 8:00:00 AM |
SB 41 |
| 05 SB 41 Supporting Document-Letter Nate Davis 02-22-2013.pdf |
HEDC 3/25/2013 8:00:00 AM |
SB 41 |
| 06 SB 41 Supporting Document-Wasilla Lake Christian School 03-19-2013.pdf |
HEDC 3/25/2013 8:00:00 AM |
SB 41 |
| 01 HB 151 Sponsor Statement v. A.pdf |
HEDC 3/15/2013 8:00:00 AM HEDC 3/18/2013 8:00:00 AM HEDC 3/20/2013 8:00:00 AM HEDC 3/22/2013 8:00:00 AM HEDC 3/25/2013 8:00:00 AM HEDC 4/3/2013 8:00:00 AM |
HB 151 |
| 02 HB 151 v. A Bill Text.pdf |
HEDC 3/15/2013 8:00:00 AM HEDC 3/18/2013 8:00:00 AM HEDC 3/20/2013 8:00:00 AM HEDC 3/22/2013 8:00:00 AM HEDC 3/25/2013 8:00:00 AM HEDC 4/3/2013 8:00:00 AM |
HB 151 |
| 03 HB 151 Sectional v. A.pdf |
HEDC 3/15/2013 8:00:00 AM HEDC 3/18/2013 8:00:00 AM HEDC 3/20/2013 8:00:00 AM HEDC 3/22/2013 8:00:00 AM HEDC 3/25/2013 8:00:00 AM HEDC 4/3/2013 8:00:00 AM |
HB 151 |
| 04 HB 151 Fiscal Note v. A - EED-TLS-3-8-13.pdf |
HEDC 3/15/2013 8:00:00 AM HEDC 3/18/2013 8:00:00 AM HEDC 3/20/2013 8:00:00 AM HEDC 3/22/2013 8:00:00 AM HEDC 3/25/2013 8:00:00 AM HEDC 4/3/2013 8:00:00 AM |
HB 151 |
| 05 CS HB 151 ver. O.PDF |
HEDC 3/15/2013 8:00:00 AM HEDC 3/18/2013 8:00:00 AM HEDC 3/20/2013 8:00:00 AM HEDC 3/22/2013 8:00:00 AM HEDC 3/25/2013 8:00:00 AM HEDC 4/3/2013 8:00:00 AM |
HB 151 |
| 06 HB 151 Information Packet.pdf |
HEDC 3/15/2013 8:00:00 AM HEDC 3/18/2013 8:00:00 AM HEDC 3/20/2013 8:00:00 AM HEDC 3/22/2013 8:00:00 AM HEDC 3/25/2013 8:00:00 AM HEDC 4/3/2013 8:00:00 AM |
HB 151 |
| 07 CSHB 151 Fiscal Note - EED-TLS-3-14-13.pdf |
HEDC 3/18/2013 8:00:00 AM HEDC 3/20/2013 8:00:00 AM HEDC 3/22/2013 8:00:00 AM HEDC 3/25/2013 8:00:00 AM HEDC 4/3/2013 8:00:00 AM |
HB 151 |
| 08 HB 151 Letter Support - Alaska Policy Forum.pdf |
HEDC 3/22/2013 8:00:00 AM HEDC 3/25/2013 8:00:00 AM HEDC 4/3/2013 8:00:00 AM |
HB 151 |
| 09 HB 151 Letter Support - Von Imhof ASD.pdf |
HEDC 3/22/2013 8:00:00 AM HEDC 3/25/2013 8:00:00 AM HEDC 4/3/2013 8:00:00 AM |
HB 151 |
| 10 HB 151 A-F Bill Presentation.pdf |
HEDC 3/25/2013 8:00:00 AM HEDC 4/3/2013 8:00:00 AM |
HB 151 |