Legislature(1995 - 1996)

03/21/1996 03:07 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 HCR 30 - STUDENT RIGHTS                                                     
                                                                               
 Number 1463                                                                   
                                                                               
 KRISTY TIBBLES, Legislative Secretary, to Representative Joe Green,           
 read the following sponsor statement:  "House Concurrent Resolution           
 30 was introduced to send a strong message to students, parents and           
 schools that education and school safety are top priorities with              
 the 19th Legislature.  Children are one of the state's most                   
 valuable resources for the future economic and social well-being of           
 our state.  We, as elected leaders have the responsibility to                 
 safeguard their future to the best of our ability.                            
                                                                               
 "Education should be the key concern of a parent sending a child to           
 school, yet the issue of safety has surpassed this concern.  In               
 1940, the major problems in public schools identified by teachers             
 were talking out of turn, chewing gum, making noise in the                    
 classroom, running in the halls, cutting in line, littering, and              
 disobeying the dress code.  Educators now consider the top problems           
 to be assaults by students on teachers and other students, weapons            
 in school, racial or ethnic attacks, gang disruptions, shootings,             
 knifings, and drive-by shootings.  While schools should be a safe             
 haven for learning, many students are burdened with intimidation              
 and fear of violence.                                                         
                                                                               
 "This resolution declares that our children have a right to be                
 provided with a safe, orderly, and drug free environment in which             
 they can learn, and that they have a right to high academic                   
 standards in order to prepare them to meet the challenges they will           
 encounter in the future.  Our present system, programs, and                   
 attitudes need to be changed.  The conditions that allow students             
 to become disenfranchised need to be identified and reworked.  With           
 the cooperation of parents, educators, and elected officials, we              
 can all work together to provide our children the quality they will           
 need and education they deserve."                                             
                                                                               
 CO-CHAIR BUNDE noted the bill sponsor, Representative Joe Green,              
 was in attendance.  He asked if there were questions for the bill             
 sponsor.                                                                      
                                                                               
 Number 1645                                                                   
                                                                               
 STEPHEN McPHETRES, Executive Director, Alaska Council of School               
 Administrators (ACSA), said he believed this resolution speaks in             
 support of education.  The legislature coming out with a statement            
 of philosophy is a very important step in setting the direction of            
 how education should be treated in the future.  To that end, the              
 ACSA is supportive of this resolution.  He pointed out that in                
 current regulation, school districts have the responsibility of               
 establishing rights and responsibilities for their students in                
 their districts.  He didn't want there to be any misinterpretation            
 of the fact there aren't student rights and responsibilities that             
 do exist currently in school districts across the state.  He read             
 a paragraph from one school district to give the committee an idea            
 of the statements and beliefs school districts currently have:                
 "The Board of Education recognizes that students possess the rights           
 of citizenship.  In granting each student the educational                     
 opportunities for which he or she is entitled, the board shall                
 provide him or her with the nurture, counsel and care appropriate             
 to his or her age and maturity.  No student enrolled in the schools           
 of this district shall be deprived of his or her basic rights to              
 equal treatment and equal access to the educational program.  Due             
 process of law, the presumption of innocence, free expression and             
 association, and the privacy of his or her thoughts."  He directed            
 the committee's attention to this just to let committee members               
 know there are in existence within the state and school districts,            
 statements of their rights and responsibilities for students, as              
 well.  The ACSA does support this resolution and would like to see            
 terms like "drug-free" and "weapon-free" schools added.                       
                                                                               
 CO-CHAIR BUNDE encouraged the sponsor to think about including                
 the terms "rights and responsibilities of public students" to the             
 title of the resolution.                                                      
                                                                               
 Number 1810                                                                   
                                                                               
 CARL ROSE, Executive Director, Association of Alaska School Boards,           
 stated he had provided written testify to the committee in support            
 of HCR 30.  He thought this legislation was appropriate and timely.           
 Society and societal change is upon us and the children reflect               
 that.  Parents and communities are very concerned about the                   
 environment in which their children attend schools.  He said more             
 important than just handbooks on roles and responsibilities, though           
 he felt they were appropriate, society has to take a look at what             
 has happened over the last 30 or 40 years.  As was previously                 
 mentioned, many of the things children face today are totally                 
 foreign to many of us adults in our days in school.  He said the              
 Association of Alaska School Boards has established the "Advocacy             
 Agenda"; there is limited funding but it was their thinking that              
 funding alone would not be what would drive their effort.  That               
 effort is to raise the awareness of the public as to some of the              
 problems that exist.  He felt that was about the best they could do           
 to draw attention to the concerns and help society address them.              
 He reiterated his support for HCR 30.                                         
                                                                               
 CO-CHAIR BUNDE directed a comment to Mr. McPhetres that he did not            
 view this resolution as a criticism of schools; he agreed with what           
 Mr. McPhetres was trying to do and wanted to encourage and support            
 him to that end.                                                              
                                                                               
 Number 1921                                                                   
                                                                               
 REPRESENTATIVE ROBINSON moved to adopt Amendment 1.                           
                                                                               
 CO-CHAIR BUNDE objected for discussion purposes and asked                     
 Representative Robinson to speak to the amendment.                            
                                                                               
 REPRESENTATIVE ROBINSON said Amendment 1 inserts language on page             
 2, line 15, "; and (11) the right to available resources to attain            
 a physically and mentally healthy lifestyle."                                 
                                                                               
 CO-CHAIR BUNDE said he didn't understand if the amendment meant               
 that students have enough money to get healthy or enough brains to            
 get healthy.                                                                  
                                                                               
 REPRESENTATIVE ROBINSON replied they can have both.                           
                                                                               
 CO-CHAIR BUNDE asked if Representative Green had any reaction to              
 Amendment 1.                                                                  
                                                                               
 Number 2008                                                                   
                                                                               
 REPRESENTATIVE JOE GREEN, Sponsor of HCR 30, said he had no                   
 objection to the amendment.  He understood the intent of the                  
 amendment and concurred that if a student comes to school with some           
 type of mental problem, whether it be generated from school out of            
 fear or perhaps a problem at home, it would inhibit the student's             
 ability to receive a quality education.  While most schools do have           
 counselors and nurses that would look for abuse, he felt the                  
 amendment would fall in line as to students rights.                           
                                                                               
 REPRESENTATIVE ROKEBERG questioned the placement of the amendment             
 within the resolution in that Section 10 was written with a degree            
 of finality.                                                                  
                                                                               
 Number 2105                                                                   
                                                                               
 REPRESENTATIVE ROBINSON said she would rather have it become                  
 subsection (3) following line 17 on page 1, and renumber the                  
 existing subsections.                                                         
                                                                               
 REPRESENTATIVE VEZEY expressed opposition to the amendment because            
 it says they have a right to more money.  He said it's a nice                 
 concept and wished there was a money tree available, but people               
 need to be realistic.                                                         
                                                                               
 REPRESENTATIVE BRICE agreed with Representative Vezey's remarks;              
 however, he felt the other 10 subsections spoke to the same thing.            
                                                                               
 REPRESENTATIVE ROBINSON pointed out that subsection (6) speaks to             
 the right to learn in a well equipped school.  She felt the                   
 statements contained in the resolution were what is viewed as                 
 important in a school.  It is difficult for a child to learn who is           
 not healthy and mentally healthy and she believed the amendment               
 would strengthen the resolution.                                              
                                                                               
 TAPE 96-32, SIDE A                                                            
 Number 001                                                                    
                                                                               
 CO-CHAIR TOOHEY pointed out that each one of the Resolves contained           
 in the resolution comes with an added cost to the school                      
 curriculum.                                                                   
                                                                               
 CO-CHAIR BUNDE remarked that the amendment says "available                    
 resources" and as long as he had a choice as to what is available,            
 he would support the amendment.                                               
                                                                               
 REPRESENTATIVE VEZEY stated a further objection in that the                   
 amendment seems to carry over strongly from the school into the               
 home.                                                                         
                                                                               
 CO-CHAIR BUNDE asked for a roll call vote.  Voting to adopt                   
 Amendment 1 were Representatives Rokeberg, Toohey, Brice and                  
 Robinson.  Voting against Amendment 1 were Representatives Vezey              
 and Bunde.  Co-Chair Bunde announced that Amendment 1 was adopted.            
                                                                               
 CO-CHAIR BUNDE asked if Representative Green would entertain the              
 notion to adding the word "responsibility" to the title?                      
                                                                               
 REPRESENTATIVE GREEN responded that he did not have an objection to           
 adding "responsibility", but he had a concern because all the                 
 Resolves tend to...                                                           
                                                                               
 CO-CHAIR BUNDE asked Representative Green to note his concern and             
 withdrew his request.                                                         
                                                                               
 Number 164                                                                    
                                                                               
 CO-CHAIR TOOHEY moved to pass CSHCR 30 out of the HESS Committee to           
 the next committee of referral with zero fiscal notes and                     
 individual recommendations.  Hearing no objection, it was so                  
 ordered.                                                                      
                                                                               

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