Legislature(1995 - 1996)

05/02/1995 02:04 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 SB 88 - PILOT PROGRAM FOR CHARTER SCHOOLS                                   
                                                                               
 Number 160                                                                    
                                                                               
 SENATOR BERT SHARP provided the sponsor statement for the bill.  He           
 said the issue of charter schools was discussed at length during              
 the two years of the Eighteenth Alaska Legislature.  Senator Sharp            
 had the misfortune of having that bill on the Senate side during              
 that time.  It was just one small part of the Alaska 2000                     
 propositions in the Senate.  It was in two bills, SB 60 and SB 61.            
 Those bills had companion bills in the House.                                 
                                                                               
 SENATOR SHARP said those two bills, which in all aspects were                 
 omnibus education bills, tried to address diverse issues.  Each               
 bill was controversial in some way, and each issue tainted or                 
 detracted from the other one.  This led to the fact that none of              
 them passed.                                                                  
                                                                               
 SENATOR SHARP has tried to craft SB 88 to be a single issue bill              
 for charter schools.  Charter schools were an item in SB 61 during            
 the Eighteenth Alaska Legislature.  This bill allows school                   
 districts, teachers and parents the space to be creative.  It                 
 allows the charter schools to utilize existing school facilities,             
 new facilities, and/or the option of leasing adequate facilities              
 owned by private enterprises within the community.                            
                                                                               
 SENATOR SHARP said a geographical application has been done to                
 assure fairness statewide in that one area does not come in and               
 take up the total allocated 30.  There are 30 suggested for the               
 pilot program which lasts up to the year 2005.  The sun sets at               
 that time.  The allocation is pretty straight forward on the second           
 page of the bill.                                                             
                                                                               
 Number 289                                                                    
                                                                               
 SENATOR SHARP continued that all charter school proposals must be             
 submitted to the local school board for consideration.  Upon their            
 approval by the school board, they then must be forwarded to the              
 commissioner of the DOE for review and compliance to state law.               
 All staffing of charter schools must be done on a volunteer basis,            
 with the principal or administrator of that charter school having             
 the right of final approval of all staff selection.                           
                                                                               
 SENATOR SHARP said Section 3 of the bill concerns the funding of              
 charter schools.  Section (a) of 3 reads that a local school board            
 shall provide an approved charter school with an annual program               
 budget.  The budget shall be not less than the amount generated by            
 the students enrolled in the charter school less administrative               
 costs retained by the local school district, determined by applying           
 the indirect cost rate approved by the DOE.                                   
                                                                               
 SENATOR SHARP said the amount generated by students enrolled in               
 charter schools is to be determined in the same manner as it would            
 be for a student enrolled in any other school within the school               
 district.  No more or no less funding would be available to the               
 school district.  This is just an option that could be considered             
 by the school board upon presentation of the proposal.                        
                                                                               
 Number 379                                                                    
                                                                               
 SENATOR SHARP said the exciting thing about charter schools is that           
 they provide the opportunity to get children involved with teachers           
 on something that may bring them together in an atmosphere that is            
 more focused on education.  There have been areas in other states,            
 particularly in Wisconsin and New Jersey, that found it worked                
 exceptionally well.  Charter schools worked primarily in those                
 areas in which the proposals were made for the existing school                
 buildings within the district.  Normally, the older buildings were            
 used.                                                                         
                                                                               
 SENATOR SHARP said the charter school concept was incorporated with           
 the parents and the teachers who volunteer.  The enthusiasm was               
 therefore, a lot higher and more focused on the agenda of the                 
 charter school.                                                               
                                                                               
 Number 432                                                                    
                                                                               
 SENATOR SHARP found an interesting paragraph that reads, "This                
 Administration will work to free local districts from regulations             
 and mandates which restrict parents and educators from exploring              
 innovation."  That paragraph was from Governor Tony Knowles's State           
 of the State address.                                                         
                                                                               
 SENATOR SHARP thought that was a good challenge.  He noted his                
 school district is the one that requested that SB 88 be pushed, and           
 his community really feels that there are some opportunities                  
 present.  There are also restrictions in the bill on what is                  
 allowed.  The school board has total control.  The school has to be           
 non-secretarian in nature, and meet all other state laws as                   
 overseen by the commissioner of the DOE.                                      
 Number 487                                                                    
                                                                               
 SENATOR SHARP also wanted to point out that the Fairbanks North               
 Star Borough District wrote a letter of support.  The DOE notes               
 that the State Board of Education, at the last meeting, voted                 
 unanimously in support of the concept of SB 88.  There are a few              
 other letters of support in the bill packets.                                 
                                                                               
 SENATOR SHARP stated there is a very small fiscal note from the DOE           
 for $2,000 for taking care of sending information back and forth              
 between the school districts if the activity is there, and to cover           
 forms that the DOE may require processed.                                     
                                                                               
 CO-CHAIR TOOHEY said she was very concerned that the schools are              
 going down in value, teaching ability and other aspects.  She has             
 often said that she does not want to detract from those concerns by           
 passing legislation such as this.  That is her fear.  If charter              
 schools are implemented, motivated children, parents and teachers             
 will work together.  That is fine.  But she fears that such schools           
 are going to jeopardize the attention that should be given to the             
 students the current school system is producing.                              
                                                                               
 Number 585                                                                    
                                                                               
 SENATOR SHARP understood that concern.  But the opportunity to                
 stimulate parents and teachers is prevalent.  Most of the interest            
 in Senator Sharp's community comes from the teachers who want to be           
 involved in a school in which they can have more freedom, challenge           
 the students and challenge themselves.  They dislike the total                
 regimentation that is applied school wide.  The specs of the bill             
 allows the school boards to relax some of the textbook requirements           
 as long as state standards are met for education.                             
                                                                               
 SENATOR SHARP felt if some experimentation was not done in an                 
 attempt to find out what works, the system is eventually doomed.              
 However, he conceded that there are different situations in                   
 different districts.  His grandchildren go to very good schools.              
 However, some of the teachers are very committed in that particular           
 school.  Many teachers would like to be challenged somewhere else             
 as they advance in their careers.  They would like a chance to                
 experiment and see if something else will work better.  This may be           
 their opportunity.                                                            
                                                                               
 Number 658                                                                    
                                                                               
 CO-CHAIR TOOHEY noted that in Section 1 of the bill says that there           
 will not be more than ten charter schools in the Anchorage area.              
 She asked how many charter schools were in Anchorage at the moment,           
 and if the bill was retroactively mandating the total number of               
 charter schools in Anchorage or if those would be added schools.              
                                                                               
 SENATOR SHARP said the only community that he is aware of that has            
 pursued charter schools doggedly is in Anchorage.  It seems to have           
 worked well in different areas.  SB 88 encourages other school                
 districts to consider the options.  There are many reservations,              
 especially in the district in Senator Sharp's area.  The people are           
 unsure they will have the power to create their own school.                   
 Perhaps the bill will allow those people to relax concerning the              
 standards and regimentation of the schools.                                   
                                                                               
 SENATOR SHARP reiterated that he has heard good things about some             
 of the efforts made in the Anchorage alternative schools.  He                 
 thinks the bill is portioned out so one area could not take all the           
 options from the bush area and begin four or five schools.                    
                                                                               
 Number 737                                                                    
                                                                               
 CO-CHAIR BUNDE noted that the schools in Anchorage are called                 
 "alternative schools," they are not charter schools.  There is a              
 polar school, and it is very loose.  The students are allowed to              
 vote on the academic focus, therefore, the focus for the month of             
 January was cross-country skiing.                                             
                                                                               
 REPRESENTATIVE DAVIS said that was the crux of his question to                
 Senator Sharp.  He wanted to know if Senator Sharp was aware of any           
 charter schools in the state that meet the criteria he is                     
 establishing with the bill.                                                   
                                                                               
 SENATOR SHARP said he was not.  But he does know there is                     
 excitement out there about the possibility of charter schools.  The           
 bill incorporates some fine tuning by everyone who testified in the           
 other body.  Those wishes were accommodated without making the bill           
 too heavy on one side or the other.                                           
                                                                               
 Number 830                                                                    
                                                                               
 CHRISTINE CASLER testified via teleconference that SB 88 is                   
 essential for districts to implement updated teacher practices                
 supported by educational research, and to allow parents choices               
 when their children do not learn well in traditional settings.  The           
 bill would also alleviate extensive waiting lists for alternative             
 programs which now exist in some districts.  Finally, the bill                
 would begin to restore community confidence in education and bring            
 about real change to the status quo which industry and community is           
 demanding.                                                                    
                                                                               
 MS. CASLER continued that SB 88 can bring about real hope and                 
 change in education for everyone. She urged HESS Committee members            
 to pass SB 88 so education can get exciting for everyone.                     
                                                                               
 Number 895                                                                    
                                                                               
 KATHY FUNT testified via teleconference from Gustavus in support of           
 the bill.  The idea of site-based management is a fairly new one,             
 and it will involve parents and community members.  When those                
 entities are involved in the schools, changes can be made.  It is             
 important to have parents and communities involved and accountable.           
 Such involvement would also be very beneficial to the children.               
 She would like to see SB 88 pass, so the communities can give it              
 a try.                                                                        
                                                                               
 CO-CHAIR BUNDE assumed there was only one school in Gustavus.                 
                                                                               
 MS. FUNT said yes, and that she and other community members were              
 wondering what would happen in the case of a small, single-site               
 community if a charter school is started.  She was concerned about            
 people who move to the community and do not like the idea.  She               
 wondered what kind of problems might arise.                                   
                                                                               
 CO-CHAIR BUNDE said Ms. Funt had addressed his concerns exactly.              
 If a charter school is begun where only one school exists, those              
 who are not inclined to be part of that charter school do not have            
 choices.  Co-Chair Bunde said that is something to keep in mind.              
                                                                               
 Number 979                                                                    
                                                                               
 ANNIE MACKOVJAK testified via teleconference from Gustavus that she           
 believes SB 88 provides a welcome alternative to the now-existing             
 public schools, but still is within the public school framework.              
 It would allow a school to try innovating teaching techniques, or             
 even to apply old techniques, such as Montessori methods.                     
                                                                               
 MS. MACKOVJAK said her husband is from Cleveland, Ohio.  He went to           
 a Cleveland Aviation high school.  High schools in Cleveland could            
 also focus on science, vocational skills, music or art.  She                  
 cautioned, however, that charter schools should only be started for           
 educational reasons.  As Alaska grows, it should be leveraging                
 educational opportunities.  The existence of charter schools is one           
 way to accomplish that.                                                       
                                                                               
 CO-CHAIR BUNDE asked what Ms. Mackovjak thought about the                     
 possibility of a group of parents deciding they wanted an                     
 agricultural school in Gustavus, while the other parents wanted a             
 fishing based school.  He asked if majority would rule in that                
 case.                                                                         
                                                                               
 MS. MACKOVJAK said she did not have an answer to that question.               
 She is supporting SB 88 statewide, not only for her area.  She sees           
 charter schools as a potential problem in small areas.                        
                                                                               
 Number 1069                                                                   
                                                                               
 CO-CHAIR TOOHEY asked Senator Sharp if there was a limit on the               
 number of students a school would have to have.                               
                                                                               
 SENATOR SHARP answered that there was no limit on the number of               
 students.  The bill is fairly loosely structured to allow as much             
 space as possible for the school board and the people who want to             
 propose a charter school.  The situation is that the school board             
 should make sure the economics are there so two schools could                 
 function within a small school district.  If not, Senator Sharp               
 would assume that the school board would not approve of a charter             
 school.                                                                       
                                                                               
 SENATOR SHARP said if a proposed charter school has a good proposal           
 in an large area, that would probably not harm the economics                  
 because the schools would be operating in separate little towns or            
 villages.                                                                     
                                                                               
 CO-CHAIR BUNDE asked Senator Sharp what happens if there is a small           
 student body, and one group of parents wants to establish a charter           
 school.  If new parents move to town, they will not have options.             
 Co-Chair Bunde noted that the minimum in state law for establishing           
 a school now is eight students.  The former commissioner of                   
 education was trying to raise that number to ten.                             
                                                                               
 CO-CHAIR BUNDE foresaw that someday the legislature will study                
 small schools to see if they should stay open at all.  If a student           
 body consists of 16 students, and those students are divided into             
 two schools, are those schools then subject to closure?                       
                                                                               
 SENATOR SHARP assumed that the economics of having instructors in             
 both schools would not allow the school board to even allow a                 
 charter school.                                                               
                                                                               
 CO-CHAIR BUNDE said that was assuming the school board would make             
 good, economic decisions.                                                     
                                                                               
 Number 1176                                                                   
                                                                               
 CO-CHAIR TOOHEY noted that the bill has a ten year trial time.                
                                                                               
 SENATOR SHARP stated that assuming it takes two years for anyone to           
 even get a proposal together and considered, and the maximum                  
 contract can only be for five years with a possible extension to              
 ten years, the sunset date on the bill is still in ten years.  This           
 is strictly a limited project.                                                
                                                                               
 Number 1203                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG addressed page 4, Section 5.  That section            
 refers to teachers' employment agreements.  He asked if there was             
 any requirements for certified teachers, or if teachers were to be            
 recruited within the district.  He asked from where teachers were             
 being recruited.                                                              
                                                                               
 CO-CHAIR BUNDE believed that all the same regulations that apply to           
 other public schools apply to this bill.  Charter schools are                 
 simply a facet of the public schools.  There must be certified                
 teachers.                                                                     
                                                                               
 REPRESENTATIVE ROKEBERG noted that the bill provides for an                   
 exemption.                                                                    
                                                                               
 SENATOR SHARP said if the school board has a collective bargaining            
 agreement, it must abide by the existing structure of that                    
 agreement.  SB 88 would not allow the school board to circumvent              
 any agreements that are currently in place.  However, the proposal            
 put forward to the school board for a charter school will, in all             
 likelihood, nominate a principal to be in charge of that school.              
 That person has the right, upon selection, to select the staff of             
 that school.  No teacher can be forced against their will, it has             
 to be voluntary.                                                              
                                                                               
 REPRESENTATIVE ROKEBERG said he was more concerned about "Aunt                
 Gertrude" having a position created for her in the school.  He was            
 also concerned that there could be a mix between exempt and non-              
 exempt teachers.                                                              
                                                                               
 SENATOR SHARP did not think there would be any exempt teachers.               
                                                                               
 REPRESENTATIVE ROKEBERG stated the bill says exempt teachers can be           
 hired if there is an agreement between the district and the                   
 bargaining unit.  Therefore, there can be exempt teachers.  He                
 again asked if there would then be exempt and non-exempt teachers.            
                                                                               
 SENATOR SHARP conceded that there could be both exempt and non-               
 exempt teachers if there is an agreement.                                     
                                                                               
 REPRESENTATIVE ROKEBERG said therefore, that Aunt Gertrude could be           
 hired as long as she is certified.                                            
                                                                               
 SENATOR SHARP said that was right.  The teacher has to be certified           
 according to state regulations.                                               
                                                                               
 Number 1341                                                                   
                                                                               
 LYNN JENSEN testified via teleconference from Gustavus.  She asked            
 what recourse applicants would have if they were denied the                   
 opportunity to become a charter school.  She asked if there would             
 be a recourse, or if the denial would be the final word.                      
                                                                               
 SENATOR SHARP answered that at the present time, it was the                   
 consensus of the Senate committees that the school board should               
 have total responsibility to avoid any problems of fragmenting the            
 community and the school system as such.  The school board is                 
 elected and responsible for all schools in that district.  The bill           
 does not seek to isolate charter schools from responsibility.                 
                                                                               
 Number 1380                                                                   
 DAVID CORNBERG testified via teleconference from Fairbanks that he            
 is an independent education consultant involved in education                  
 reform.  Charter schools is yet another attempt to do better with             
 what is available.  He wanted to make three points in support of              
 the bill.  First, there are no hard and fast predictive models that           
 show if a program is implemented today, school systems will be                
 better in 2005.  In addition, there are no models that show what              
 will not work.                                                                
                                                                               
 MR. CORNBERG felt the important thing about SB 88 from the                    
 standpoint of reform is that it be given a chance.  He strongly               
 urged just giving charter schools a try, and in the course of doing           
 so, refining Senator Sharp's bill.                                            
                                                                               
 MR. CORNBERG said his second point refers to the federal charter              
 schools initiative.  That initiative comes under the Improving                
 America's Schools Act.  That initiative is currently funded at $6             
 million.  He spoke with a Washington, D.C., contact that day and              
 the contact said the President has requested $20 million for next             
 year for that initiative.                                                     
                                                                               
 Number 1452                                                                   
                                                                               
 MR. CORNBERG continued that no school in a state that has no                  
 charter school legislation can apply.  So, as long as Alaska has no           
 charter school legislation on the books, it cannot apply for that             
 federal initiative.  Therefore, Mr. Cornberg strongly urged that              
 the bill be passed at all levels and be put on the books to get the           
 state into a position to apply next fall for some of that money.              
 That money will help fund the charter school initiatives in the               
 state.                                                                        
                                                                               
 Number 1473                                                                   
                                                                               
 MR. CORNBERG said his third point regards the concerns with                   
 dividing the community.  Mr. Cornberg has lived in some very small            
 communities.  Apart from the financial concerns, 16 students                  
 dividing into two schools will put everyone out of business.  The             
 fact is that society is a democracy.  In a city with 500 residents,           
 there is only one mayor.  People have to look at that.  If a                  
 democratic constituency decided for a charter school, the people              
 would have to live with that.  Small communities are democracies,             
 and democracy applies to education also.                                      
                                                                               
 MR. CORNBERG strongly urged HESS Committee members to pass SB 88.             
                                                                               
 Number 1505                                                                   
                                                                               
 CATHERINE PORTLOCK testified via teleconference from Anchorage.               
 She asked for the support of HESS Committee members for SB 88.  She           
 said charter schools can provide models for improved education at             
 no additional cost.  There is overwhelming evidence that children             
 have diverse learning styles and educational needs.  When a program           
 is well suited for the child or allows for student differences,               
 students attend more and learn more.                                          
                                                                               
 MS. PORTLOCK said when parents are given choices for their                    
 children, they become more involved in their children's education,            
 which leads to greater academic success and satisfaction with the             
 system.  Rather than bleeding resources from other programs,                  
 charter school programs have breathed new life and new ideas into             
 public schools across the country.                                            
                                                                               
 MS. PORTLOCK added parents are with their children, rather than               
 leaving education to the schools or taking their children out of              
 the public schools and trying to home-school.                                 
                                                                               
 MS. PORTLOCK added that teachers' needs are not often considered,             
 but certainly charter schools can work with differences in teaching           
 philosophies.  When teachers feel they are valued and appropriately           
 placed, they will be more effective and more committed.                       
                                                                               
 Number 1560                                                                   
                                                                               
 MS. PORTLOCK said public support of the school system is eroding at           
 the same time that funding is becoming scarce.  Parents and                   
 teachers are demanding proof of improvement in school performance,            
 but are resistant to change.  Schools need to be provided for those           
 changes, for parents, children and teachers to feel that the school           
 system is there for them.                                                     
                                                                               
 Number 1599                                                                   
                                                                               
 CARL ROSE, Executive Director, Association of Alaska School Boards            
 (AASB), said the AASB is on record in support of SB 88.  Much of              
 the testimony that has already been given substantiates the need              
 for charter schools.  The AASB sees, in SB 88, opportunities for              
 communities to become involved.  The criteria is set forth.                   
 Communities will be empowered to address areas of need.  If                   
 criteria is satisfied, communities can put together a proposal and            
 bring it before the local board.  A local determination is made,              
 economics are examined, and compliance with laws and regulations              
 are satisfied.                                                                
                                                                               
 MR. ROSE said if an opportunity exists, perhaps the school district           
 does not see it.  But if a community member does identify and can             
 create that kind of support in a program and proposal, it would be            
 very encouraging.  What is contained in the bill meets all the                
 concerns of the AASB.  The AASB sees tremendous opportunity for               
 creativity and enthusiasm, and empowerment of communities.                    
                                                                               
 Number 1662                                                                   
                                                                               
 LINDA SHARP testified that she has lived in Alaska since 1971.  She           
 is the parent of two children.  One is in her third year of public            
 schooling in Anchorage, and one who will be eligible for public               
 school next year.  She suggested that charter schools are exactly             
 what exist in Anchorage as alternative schools.  The alternative              
 schools began in 1972, with Chugach, and went onto Stellar, the ABC           
 Program, the Montessori, and then the expansion of the Chugach                
 concept.  Language immersion programs also grew out of the                    
 alternative school system.                                                    
                                                                               
 MS. SHARP said there are 13 alternative schools at the elementary             
 level currently operating in Anchorage.  Ms. Sharp said the desks,            
 kids, teachers and the money are all included in any school                   
 district.  Charter schools are not going to take any money or other           
 resources out of the district.  Charter schools will not bring in             
 any more children.  Charter schools are merely an innovation with             
 what is currently in the district.                                            
                                                                               
 MS. SHARP said charter schools let parents, teachers and                      
 communities propose innovations.  Ms. Sharp presented handouts to             
 HESS Committee members concerning education.  She also had met a              
 member of the Hispanic community that had been lobbying for charter           
 schools.  He believes charter schools will help the 20 to 30                  
 schools in Anchorage that score very low on education tests.                  
                                                                               
 Number 1752                                                                   
                                                                               
 MS. SHARP presented a list of Anchorage School District (ASD)                 
 elementary schools and their scores.  The 30 lowest scoring schools           
 are schools that have no alternative program in them at all.  They            
 contain the traditional programs that are defined.  All the                   
 alternative schools are well into the upper one-half of the scores.           
                                                                               
 MS. SHARP presented some information from "Educational Digest."               
 Many articles, but not all, suggested that charter schools are the            
 best solutions.  Vouchers and other ways of solving challenges for            
 schools are not as good.                                                      
                                                                               
 MS. SHARP said her child was accepted, through the lottery system,            
 to an alternative school this year.  In Anchorage, the alternative            
 schools are so popular that there are long waiting lists.  Over               
 2,000 children are waiting for access into those schools.  Most               
 parents have to be fairly resourceful, because those schools are              
 not located in enough places yet around Anchorage.  Therefore,                
 parents must drive twice a day to drop off and pick up their                  
 children.                                                                     
                                                                               
 Number 1800                                                                   
                                                                               
 MS. SHARP said the alternative school her child is attending used             
 to be the lowest scorer.  It also had the highest incidence of                
 violence, the highest teacher turnover, and the greatest                      
 dissatisfaction.  Two years ago, an alternative program was                   
 introduced to the school.  Now, about 150 parents are taking their            
 children to that school.  Not all the children are in the                     
 alternative program, but the $15,000 raised by the PTA has gone to            
 every teacher in the school in equal amounts.  Every child has                
 benefit from that money.                                                      
                                                                               
 MS. SHARP said the PTA meetings have 30 to 40 parents attending.              
 One parent is from the regular program.  The rest of the parents              
 are from the alternative program.  Those parents, according to Ms.            
 Sharp, stand ready to serve any teacher in the building.  Resources           
 are not limited to those in the alternative program.  Parents of              
 students in the alternative program will help teachers in the                 
 "regular" program.                                                            
                                                                               
 MS. SHARP concluded that the program benefits all the teachers and            
 all the students at Anchorage's most needy school.                            
                                                                               
 Number 1840                                                                   
                                                                               
 MS. SHARP presented an article out of the December 2, 1991,                   
 "Newsweek" magazine entitled, "The Ten Best Schools in the World."            
 Schools were identified that unified around a theme such as math,             
 science or art.  When teachers choose where they want to go because           
 of interests and common themes, and when parents choose where to              
 send their child, the parents and teachers are unified and                    
 supportive.                                                                   
                                                                               
 MS. SHARP felt that charter schools were needed now.  The                     
 indicators are going down.  New schools and wings are opening this            
 year and next year in Anchorage.  This is a perfect time to move              
 those willing to a different end of the school and not feel that              
 they are ousting other people.                                                
                                                                               
 Number 1894                                                                   
                                                                               
 MS. SHARP addressed the opposition to SB 88.  She knows people in             
 Anchorage who plan to lobby against this bill.  Those people like             
 the voucher idea.  Those people are tired of the system and want              
 the system to topple and fail.  They are tired of what is going on,           
 and they want vouchers.                                                       
                                                                               
 MS. SHARP said other people are worried that the best and the                 
 brightest will leave the public schools and attend charter schools            
 although charter schools are still public schools.  She suggested             
 that the best and brightest of the teachers are about 80 to 90                
 percent of the teachers.  There are not that many bad public school           
 teachers.  In addition, teachers who choose to teach in a certain             
 program feel that program is bringing out their own particular                
 talents.                                                                      
                                                                               
 MS. SHARP also noted that caucasians are the minority in                      
 alternative schooling programs.  The vast majority of children in             
 her child's new alternative school are not white-European.  These             
 children also come from widely varying socioeconomic classes.                 
                                                                               
 Number 1960                                                                   
                                                                               
 MS. SHARP said SB 88 meekly challenges the status quo.  Charter               
 schools do not entail a huge risk.  SB 88 only entails a small                
 step.  There is a five year sunset provision, and the school boards           
 are in charge.  The AASB is going to oversee the program.  No                 
 radical changes are taking place.                                             
                                                                               
 MS. SHARP said the teacher of the year from Kodiak was just honored           
 because she formed partnerships with the community.  Charter                  
 schools are asking for the chance for partnerships.  When parents             
 are asked to be a permanent part of the table, where curriculum and           
 staffing issues are made, the parents are going to help solve the             
 problems that arise.                                                          
                                                                               
 MS. SHARP noted Governor Knowles has sent his children for eight              
 years to Anchorage's public alternative schools.  Dr. Halloway,               
 Commissioner of the DOE, wrote Ms. Sharp a letter saying the State            
 Board of Education unanimously endorses the program.  Ms. Sharp               
 added the Anchorage branch of the National Education Association              
 (NEA) is not opposed to charter schools.                                      
                                                                               
 MS. SHARP asked HESS Committee members to "reward the innovations             
 and reward the risk takers, and give people that have new ideas a             
 chance."                                                                      
                                                                               
 Number 2032                                                                   
                                                                               
 REPRESENTATIVE DAVIS wondered why SB 88 was necessary if there are            
 already 13 alternative schools in Anchorage and charter schools and           
 alternative schools were the same, as Ms. Sharp indicated.                    
                                                                               
 MS. SHARP said SB 88 is a very small step in the right direction.             
 There is no money or major incentives given.  SB 88 merely gives              
 the school boards a notice to pay attention and look through the              
 proposals in an up-front way.  Whenever there is a superintendent             
 in Anchorage that favors partnerships and choices, a new one is               
 selected every few years.  At other times Anchorage has a                     
 superintendent and a school board that are afraid.  They don't want           
 to be perceived as spending money in this time of cutbacks.                   
                                                                               
 MS. SHARP stated that a Russian immersion program was voted down at           
 Bear Valley.  The parents were asked two years ago, by the school             
 board, to raise $15,000 with the community for start up costs.  The           
 parents and community did this.  Sixty-seven percent of the parents           
 at the school said they wanted this program.  The superintendent              
 and the school board said "no."  Ms. Sharp asked the school board             
 why the program was not implemented.  School board members told her           
 that they were warned by the legislature that they should not be              
 asking for more money.  The district did not want to look like it             
 was spending more money on programs.                                          
                                                                               
 MS. SHARP said SB 88 gives school districts permission to                     
 investigate these programs.                                                   
                                                                               
 Number 2097                                                                   
                                                                               
 CO-CHAIR TOOHEY asked if Ms. Sharp was asserting that alternative             
 schools were the same as charter schools.                                     
                                                                               
 MS. SHARP said there is essentially very little if any difference             
 between the programs currently existing in Anchorage and charter              
 schools.                                                                      
                                                                               
 CO-CHAIR TOOHEY noted if there are 13 charter schools in Anchorage,           
 then Anchorage is three above its allotment according to the bill.            
                                                                               
                                                                               
 MS. SHARP understood that there would be no more than ten new                 
 programs implemented.                                                         
                                                                               
 CO-CHAIR TOOHEY noted the bill said the "State Board of Education             
 may not approve more than 30 charter schools to operate in the                
 state at any one time.  It shall approve charter schools in a                 
 geographically bound manner as follows:  Not more than ten schools            
 in Anchorage, not more than five in Fairbanks...."                            
                                                                               
 MS. SHARP said that was not the intent of the bill.  She has been             
 in contact with the authors of the bill, and their intent is 30 new           
 charter schools.  Ms. Sharp was certain it was not the intent to              
 take away three of Anchorage's current schools.                               
                                                                               
 Number 2162                                                                   
                                                                               
 SHEILA PETERSON, Special Assistant to Commissioner Halloway, DOE,             
 said that as Ms. Sharp indicated charter schools are very similar             
 to alternative schools.  However, there are distinct differences.             
 The charter school will set up a mechanism to formally approach a             
 local school board with a charter between parents, teachers and the           
 local school board.  The charter will stipulate the educational               
 objectives and how those objectives will be accomplished.                     
                                                                               
 MS. PETERSON explained that the charter schools will also be more             
 autonomous than alternative schools.  A charter school will                   
 maintain its own financial operations and will have its own                   
 principal who will oversee the charter school's teachers.                     
                                                                               
 MS. PETERSON added that alternative schools currently in existence            
 are not charter schools, and therefore, would not fall under the              
 number that is outlined in the legislation.  When Commissioner                
 Halloway looked at this legislation, she applied her test, "Is this           
 good for kids?"  She came up with a definite "yes."  Charter                  
 schools are a good concept for children.  It will encourage                   
 parents, teachers and communities to work together as an academic             
 policy committee to form a charter school.                                    
                                                                               
 TAPE 95-47, SIDE A                                                            
 Number 000                                                                    
                                                                               
 MS. PETERSON noted that after the proposal for a charter school is            
 approved by the local school board, the State Board of Education              
 must also approve it.  She concluded that the DOE does strongly               
 support this legislation.                                                     
                                                                               
 REPRESENTATIVE DAVIS stated that there may be a school that has               
 four or five children.  That is not even a unit.  Therefore, he               
 asked if there was going to be a proration which would be                     
 calculated on a per student basis.  There is going to be no new               
 money from within the school district.  If the district receives so           
 many units, then Representative Davis understands that funding                
 would be prorated on a per student basis.                                     
                                                                               
 MS. PETERSON asked if Representative Davis was assuming that the              
 local school board would approve a program of four students for a             
 charter school, and asked how much money would be appropriated to             
 those four students.  She answered that at the minimum, it would be           
 four times what an average child would be generating in that                  
 school.  The local school board would have to make that decision,             
 and whether or not it felt that was in the best interest of the               
 school district.                                                              
                                                                               
 REPRESENTATIVE DAVIS said "plus an approved indirect cost rate."              
                                                                               
 MS. PETERSON said he was correct.                                             
                                                                               
 CO-CHAIR BUNDE said that as there are schools in Alaska with four             
 students as the total population, it is possible that there would             
 be charter schools composed of four, six or eight students.                   
                                                                               
 MS. PETERSON stated if that was the choice of the local school                
 board and the State Board of Education, that could be so.  With the           
 State Board of Education overseeing the charter schools program and           
 making the approval, it will be looked at on a statewide                      
 perspective.  If, in the wisdom of the board, it was felt that                
 having a charter school for six children was in the best interest             
 of the state, it would be approved.  However, the board could also            
 not approve such a school if it was not in the best interest of the           
 state.                                                                        
                                                                               
 Number 149                                                                    
                                                                               
 CO-CHAIR TOOHEY could not believe that a charter school would be              
 allowed to operate with four students.  There is a great demand for           
 these schools, at any rate.  Therefore, Co-Chair Toohey relies on             
 the wisdom of the State Board of Education and the school board.              
                                                                               
 CO-CHAIR BUNDE noted that the school boards approve of 21 schools             
 in the state that have 12 or fewer students.                                  
                                                                               
 Number 207                                                                    
                                                                               
 ROBERT GOTTSTIEN, Member, State Board of Education (SBE), testified           
 in support of charter schools.  He noted that the state is trying             
 to do more with less.  The same struggle is taking place in                   
 education.  Charter schools are a chance to do more with less.  In            
 a sense, if the education community is not given opportunities to             
 experiment, succeed and fail, the foundation formula would need to            
 be raised even more.                                                          
                                                                               
 MR. GOTTSTIEN said schools need to innovate, and learn how to                 
 produce better results.  If the education community is denied by              
 the legislature the opportunity to figure out how to do things                
 better, then the legislature has a responsibility to figure out how           
 to give children the opportunities they are not be allowed to                 
 receive from the schools.                                                     
                                                                               
 MR. GOTTSTIEN believes that charter schools help children in                  
 critical ways.  It is very important to get more parental                     
 involvement in education.  Charter schools are the way to do just             
 that.  More value can be retrieved from education if parents are              
 brought into the process.  Charter schools are different than                 
 alternative schools.  More power and authority is given to charter            
 schools.  Top-down decision making did not work in the Soviet                 
 Union, and it does not work in education.                                     
                                                                               
 MR. GOTTSTIEN said it must be recognized that the failures of the             
 USSR are the same factors that public education is being criticized           
 for.  The USSR did not care about the individual.  It was concerned           
 about the general public.  Public education is in that situation.             
 Alternative schools are trying to get away from that, but public              
 schools have never attempted to try and deal with the discrete                
 problem of every child.                                                       
                                                                               
 Number 370                                                                    
                                                                               
 MR. GOTTSTIEN said the best way to solve the discrete problem of              
 every child is to help bring the parent into the process and to               
 give each teacher freedom to identify and deal with those problems.           
 Hopefully, the parents will be involved as well.                              
                                                                               
 MR. GOTTSTIEN concluded that there are two choices.  One is to                
 continue business as usual, and expect less result for more money.            
 Charter schools and education reform seek to do better and to                 
 create a better value and results.  Charter schools can do those              
 things more economically.  Parents can do what they think is more             
 important for their children.  They do not have to decide on what             
 is good for everyone, and how to solve everyone's problems.                   
                                                                               
 MR. GOTTSTIEN said parents can focus on solving the problems of               
 their own children with the resources that are available.  If HESS            
 Committee members are as conscientious as they appear to be in                
 dealing with the fiscal gap, charter schools are right in line.  If           
 HESS Committee members want to continue business as usual, then               
 charter schools and choices will not be supported, and HESS                   
 Committee members will have to accept an escalating cost in                   
 education that otherwise would not be necessary.                              
                                                                               
 Number 485                                                                    
                                                                               
 CO-CHAIR BUNDE closed public testimony and opened up committee                
 discussion.                                                                   
                                                                               
 REPRESENTATIVE BRICE felt comfortable with the bill.                          
                                                                               
 REPRESENTATIVE DAVIS thought the testimony of Mr. Gottstien was               
 right on target.  Alternatives need to be offered, and local school           
 districts need flexibility so problems can be addressed in more               
 unconventional ways.  Latitude needs to be offered and parents need           
 involvement.                                                                  
                                                                               
 REPRESENTATIVE DAVIS said one can walk into a classroom and see               
 that there is a niche for some of those that do not belong and do             
 not want to be in the organized, structured classroom.  There are             
 alternatives and options, and those need to be provided.  Most                
 districts are offering options to some degree already.  SB 88 is              
 imposing requirements for more parental and cohesive involvement              
 from a community standpoint.                                                  
                                                                               
 REPRESENTATIVE DAVIS fully supports SB 88.  When the Education 2000           
 omnibus package came before the legislature, this is one of the               
 first things that jumped out at him.  He can identify with charter            
 schools because of the Kenai alternative schools.  Representative             
 Davis has toured that school, and he knows the people there.  He              
 appreciates them and understands the value of that program in the             
 district.  SB 88 is an extension of the alternative programs, is              
 more detailed and community based.                                            
                                                                               
 Number 635                                                                    
                                                                               
 REPRESENTATIVE ROBINSON associated herself with the remarks of                
 Representative Davis.  She felt SB 88 was an excellent bill.  A few           
 years back, Representative Bettye Davis came forward with such an             
 idea and it was not well received.  At that point, people were not            
 really open to the ideas.  More parental involvement is needed, and           
 Representative Robinson is very glad that this bill is before the             
 legislature.  She made a motion to move CSSB 88(FIN) out of the               
 House Hess Committee with individual recommendations and                      
 accompanying fiscal notes.                                                    
                                                                               
 CO-CHAIR TOOHEY asked to comment first.  She was fearful that the             
 best and the brightest were going to be put in charter schools.               
 She did not want the state to forget that the school system is                
 failing.  But with any luck, the whole system will go to charter              
 schools if they become as good as everyone says they are.  Co-Chair           
 Toohey, therefore, appreciates that possibility and she supports SB
 88.                                                                           
                                                                               
 Number 707                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG was concerned about children with                     
 disabilities and their involvement with charter schools.                      
                                                                               
 MS. SHARP said she has visited the 13 alternative schools in                  
 Anchorage, and those schools welcome children with special needs              
 the same as other children are welcomed.  Those children's names go           
 into the lottery and their names are drawn.  Nothing on the lottery           
 indicates that those children have special needs.  It is the desire           
 of the parents that put them into the lottery for the school.                 
 Those children are dealt with the same as they would ever be.  They           
 still have an individual education plan as mandated by federal law,           
 and those children are served by special educators.                           
                                                                               
 Number 780                                                                    
                                                                               
 MARILYN WILSON, Legislative Assistant to Senator Sharp, said SB 88            
 does not intend to discriminate whatsoever.                                   
                                                                               
 REPRESENTATIVE DAVIS directed Representative Rokeberg to the                  
 statement in the bill that read, "The charter school will comply              
 with all state and federal requirements for the use of public                 
 funds."  Representative Davis thought the federal requirements that           
 go along with the title programs would be applicable to charter               
 schools.                                                                      
                                                                               
 Number 814                                                                    
                                                                               
 CO-CHAIR BUNDE said everyone is shaped by their own personal                  
 experiences, even though we all try to understand other points of             
 view.  Co-Chair Bunde has worked in public schools and has had                
 family and friends in the schools for 27 years.  He has seen                  
 education fads come and go.                                                   
                                                                               
 CO-CHAIR BUNDE said where he grew up, 50 years ago they                       
 consolidated schools because it was too expensive to have what                
 were, in essence, charter schools.  Each little community had its             
 own school.  The non consolidated schools could not offer the broad           
 program that the bigger school could.  Therefore, Co-Chair Bunde              
 questions, if not in this year, then in five or ten years, what the           
 costs of charter schools will be.                                             
 Number 869                                                                    
                                                                               
 CO-CHAIR BUNDE said when he first went to work in the Anchorage               
 public schools, the latest fad was to build elementary schools                
 without walls.  That was going to solve the problems of the                   
 educational community.  Last year, funding was given to put in the            
 final wall for those wall-less schools because they did not work.             
                                                                               
 CO-CHAIR BUNDE noted that Bear Valley Elementary School was                   
 mentioned by Linda Sharp, and that school is in Co-Chair Bunde's              
 district.  Co-Chair Bunde's perception of what went on while trying           
 to establish that immersion program is very different.  There was             
 incredible anger among the parents.  Some felt the program was                
 being crammed down their throats, and others felt they were being             
 thwarted.                                                                     
                                                                               
 CO-CHAIR BUNDE recalled that parents were reduced to yelling at               
 each other at the school bus stop.  This type of program does not             
 build community.                                                              
                                                                               
 Number 914                                                                    
                                                                               
 CO-CHAIR BUNDE said one could look at East St. Louis for the                  
 success of magnet schools.  Federal courts demanded that "a ton" of           
 money be put into magnet schools, and those schools failed                    
 miserably.  America is a melting pot and there are two great                  
 facilities for encouraging a melting pot.  One is the draft.                  
 People of all stripes went to the military and learned from each              
 other.  The draft is gone, and now the last remaining facet of the            
 melting pot is the educational system.  Charter schools is going to           
 now fractionalize that.                                                       
                                                                               
 CO-CHAIR BUNDE asserted that at a time when people yell about                 
 diversity, charter schools look to taking "all the math people and            
 putting them over here, and all the art people over here."  Co-               
 Chair Bunde has a problem with SB 88 in Alaska, because of the                
 mobile population of this state.  The average Alaskan has been in             
 Alaska five years.  A group of parents get a charter school going,            
 and in a few years, their kids are out of it, or they are out of              
 Alaska.                                                                       
                                                                               
 CO-CHAIR BUNDE said meanwhile, the people who live in that                    
 neighborhood have no choice, they are stuck dealing with the                  
 inertia of undoing a charter school.                                          
                                                                               
 Number 996                                                                    
                                                                               
 CO-CHAIR BUNDE agrees that the biggest problem facing schools today           
 is parental involvement.  Therefore, charter schools take the most            
 active parents, those who are most interested and most concerned,             
 and pull them out of the public schools and put them into their own           
 special little world.  This is the wrong way to go.                           
 CO-CHAIR BUNDE asked about student leaders.  Leaders need followers           
 and followers need leaders.  Therefore, when all the best and the             
 brightest are pulled out, there will be an imbalance.  The area               
 that cannot get the parents together to form a charter school                 
 becomes a dumping ground.  The dullest and the least abled will be            
 placed there.                                                                 
                                                                               
 Number 1038                                                                   
                                                                               
 CO-CHAIR BUNDE stated that of course teachers like charter schools.           
 Who would not want to teach highly motivated kids.  Parents like              
 charter schools, but what keeps them from getting involved in their           
 current school.  There is incredible inertia out there.  Recently,            
 an alternative school, the incredibly popular Polar School in                 
 Anchorage had a huge lottery.  A group decision determined that the           
 focus of the school for the month of January was cross-country                
 skiing.  Now parents are wondering what monster they have created.            
                                                                               
 CO-CHAIR BUNDE previously stated he is willing to be proven wrong             
 on certain topics.  He does not support charter schools, and he               
 will not vote for it.  However, he will not hold the bill in                  
 committee because obviously, the committee likes the bill.                    
                                                                               
 CO-CHAIR BUNDE called for a roll call vote.  Voting "yes" on CSSB
 88(FIN) were Co-Chair Toohey, Representative Vezey, Representative            
 Rokeberg, Representative Robinson, Representative Brice, and                  
 Representative Davis.  Voting "no" was Co-Chair Bunde.  CSSB
 88(FIN) passed out of the House HESS Committee.                               

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