Legislature(2001 - 2002)

05/07/2002 08:40 AM Senate 011

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
          SB 11-COMPULSORY SCHOOL ATTENDANCE/AK HISTORY                                                                     
                                                                                                                                
CHAIRMAN  GENE  THERRIAULT  called  the  Conference  Committee  on                                                              
Senate Bill 11 to order at 8:40 a.m.   Present were Senators Olson                                                              
and  Wilken,  Representatives  Coghill, Kapsner  and  Stevens  and                                                              
Chairman Therriault.                                                                                                            
                                                                                                                                
CHAIRMAN THERRIAULT noted the committee  had two versions of SB 11                                                              
before it:  CSSB 11 amH and CSSB  11(FIN).  Members of  the Senate                                                              
objected to the amendment that mandates  school districts to teach                                                              
Alaska history,  which was  adopted on the  floor of the  House of                                                              
Representatives. He said the Senate  would prefer to return to the                                                              
original intent of the bill.  He  said Representative Coghill also                                                              
offered an  amendment that  he felt fit  into the original  intent                                                              
and would be acceptable to the Senate,  which deals with mandatory                                                              
attendance.                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  said because his amendment  was offered on                                                              
the House  floor, they would have  to recede from both  actions to                                                              
recede from one.                                                                                                                
                                                                                                                                
CHAIRMAN  THERRIAULT  said the  Alaska  history  provision is  the                                                              
cause of  the problem.   He  asked the  House members to  consider                                                              
accepting  a version  of  the  bill that  contains  Representative                                                              
Coghill's  amendment but  not the  Alaska history  amendment.   He                                                              
said without that action, the bill would not pass the Senate.                                                                   
                                                                                                                                
SENATOR OLSON thought it was premature  to say that SB 11 with the                                                              
Alaska  history  provision would  not  pass  the Senate.  He  said                                                              
sometimes bills  he thought didn't have  a ghost of a  chance grew                                                              
legs and  walked through  and sometimes bills  that made a  lot of                                                              
sense to a majority of the legislature  got stalled for one reason                                                              
or another  and never went anywhere.   He thought they  all agreed                                                              
that  it  is important  for  Alaskans  to  be educated  in  Alaska                                                              
history, they just could not agree  on how to do it. He understood                                                              
there were probably other ways to  ensure that students coming out                                                              
of Alaska's schools know about Alaska history.                                                                                  
                                                                                                                                
CHAIRMAN THERRIAULT  said Alaska history is taught  in most school                                                              
districts on a voluntary basis.                                                                                                 
                                                                                                                                
REPRESENTATIVE  KAPSNER  said it  is  not taught  in  some of  the                                                              
largest school districts.                                                                                                       
                                                                                                                                
REPRESENTATIVE  COGHILL  said another  mechanism  has reached  the                                                              
Senate [HB  171] that  requires school  districts to teach  Alaska                                                              
history.                                                                                                                        
                                                                                                                                
REPRESENTATIVE KAPSNER said the reason  the contents of HB 171 was                                                              
incorporated into  SB 11 was to  breathe new life into  it because                                                              
HB 171 seemed to be dead in the Senate.                                                                                         
                                                                                                                                
CHAIRMAN  THERRIAULT  said  HB  171   is  in  the  Senate  Health,                                                              
Education and  Social Services Committee  but that points  out the                                                              
problem  the Senate  has with the  bill.   He said  Representative                                                              
Kapsner  presented a  lot  of information  during  a hearing  that                                                              
outlined the  history of the issue.  She said HB 171 would  not be                                                              
an  unfunded  mandate and  noted  that  school districts  with  an                                                              
Alaska  history  curriculum  are  willing  to  distribute  it  for                                                              
possible modification  by the  state board  of education  so other                                                              
districts could use it as a model  at minimal expense. He felt the                                                              
problem is  already well  on its way  to being solved.  He thought                                                              
most districts  that aren't already teaching Alaska  history would                                                              
probably  teach it  if they  could do  so at little  expense.   He                                                              
asked Representative Kapsner which  larger school districts do not                                                              
teach Alaska history.                                                                                                           
                                                                                                                                
REPRESENTATIVE KAPSNER  said Alaska  history is an  elective class                                                              
in most  of the  larger schools.   The  Anchorage School  District                                                              
made  it  a  requirement  shortly before  session  started.    She                                                              
thought Alaska history is especially  important now because of the                                                              
subsistence issue and  the looming fiscal crisis.   She thought it                                                              
is important  that people  understand why  the Permanent  Fund was                                                              
set  up and  to  clarify  a misconception  about  the  subsistence                                                              
issue. Many believe  that legislators are trying to  take away the                                                              
people's right  to hunt,  which is not  what the debate  is about.                                                              
She said people  do not understand the basic premise  of the legal                                                              
debate surrounding the Constitution of the State of Alaska.                                                                     
                                                                                                                                
CHAIRMAN THERRIAULT  said SB  11 is an  attempt to address  a very                                                              
real problem school  districts are having.  Parents  are using the                                                              
first grade as a babysitter for their  children.  He said a school                                                              
of  500-600 students  might  have  one or  two  children who  only                                                              
attend sporadically because state  law does not mandate attendance                                                              
until children turn  seven years of age.  Teachers  have to expend                                                              
an incredible amount of time and  energy to keep those children up                                                              
to speed  with the  class, which  diverts resources and  attention                                                              
from the rest  of the students.   He said, in addition,  it is not                                                              
good for the children because they  would most likely be held back                                                              
at the end of the year.                                                                                                         
                                                                                                                                
REPRESENTATIVE COGHILL said he aggress  and one reason he proposed                                                              
his amendment is that some parents  might enroll their children at                                                              
the  age of  six  and  shortly thereafter  decide  their  children                                                              
aren't benefiting.  Those parents  should have  the right  to pull                                                              
their child  out of school.  He said  those parents would  have no                                                              
mechanism to pull their children  out without stretching the limit                                                              
of the  existing mandatory  attendance  law. He  said he would  be                                                              
willing to vote the Alaska history  requirement out if it is going                                                              
to sidetrack the bill because it is a different issue entirely.                                                                 
                                                                                                                                
CHAIRMAN THERRIAULT said Representative  Coghill's amendment would                                                              
not trigger a title change.                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL agreed.                                                                                                  
                                                                                                                                
REPRESENTATIVE STEVENS felt that  both SB 11 and an Alaska history                                                              
requirement have  great value but expressed surprise  that members                                                              
couldn't agree on how important it  is for students to know Alaska                                                              
history.  He said  it is important for students to  know about the                                                              
political issues that Representative  Kapsner brought up but it is                                                              
also important to  know basic Alaska history.  He  said people are                                                              
unaware  of  events  such  as  the   Native  settlements,  Russian                                                              
colonization and  World War  II.  He  asked for an  explanation of                                                              
how conference committees work.                                                                                                 
                                                                                                                                
CHAIRMAN THERRIAULT said two Senate  members and two House members                                                              
have to agree  on something to  be taken back to  their respective                                                              
bodies.   Then  a majority  vote of  both bodies  is necessary  to                                                              
adopt the conference committee's recommendation.                                                                                
                                                                                                                                
REPRESENTATIVE STEVENS  asked what would happen if  they could not                                                              
come to an agreement.                                                                                                           
                                                                                                                                
CHAIRMAN THERRIAULT said there is  still a possibility that either                                                              
body could recede.                                                                                                              
                                                                                                                                
REPRESENTATIVE  KAPSNER  noted that  36 members  of  the House  of                                                              
Representatives voted for the Alaska  history amendment.  She said                                                              
she  understood and  supported  SB  11 in  its  original form  but                                                              
thought the amendment made it better.                                                                                           
                                                                                                                                
SENATOR OLSON asked  if the original Alaska history  bill [HB 171]                                                              
would pass if it was scheduled for a vote on the Senate floor.                                                                  
                                                                                                                                
CHAIRMAN THERRIAULT  said he didn't  know.  He thought  the debate                                                              
in the  Senate centered on the  philosophical issue of  who should                                                              
control the  local school  districts and curricula.   He  said the                                                              
State mandated districts  to teach certain levels of  math and the                                                              
social sciences. He has heard complaints  from his school district                                                              
that districts are  required to fulfill too many  mandates without                                                              
additional  funds.   He  said requiring  Alaska  history would  be                                                              
micromanaging  curriculum.  The  legislature  would  not  only  be                                                              
telling districts  they have to teach  history but also  what kind                                                              
of history they have to teach.                                                                                                  
                                                                                                                                
CHAIRMAN  THERRIAULT told  members  that he  has  heard from  many                                                              
constituents  who  say  they don't  understand  economics  or  the                                                              
separation  of  powers in  government.    If  he were  to  mandate                                                              
classes,  he  would  mandate  more civics  and  economics  but  he                                                              
believes those  decisions should  be made at  the local  level. He                                                              
said  that  ensuring  that  students learn  Alaska  history  is  a                                                              
problem well on its way to being corrected.                                                                                     
                                                                                                                                
SENATOR WILKEN asked  why members are having this  meeting at all.                                                              
He said  if they  want to  talk about  mandatory attendance,  they                                                              
should talk  about it.   If they  want to  talk about a  mandatory                                                              
history  requirement, they  should do  that.   He didn't know  why                                                              
they were talking  about both at  the same time.  The  only reason                                                              
he'd heard  to explain why  a good bill  was hijacked  for another                                                              
purpose was  because the  [House] was desperate.   He  wasn't sure                                                              
desperation would  drive him to want  to marry the two  bills.  He                                                              
was concerned  that  they would lose  one good  bill because  they                                                              
couldn't  move  another  bill.     He  said  they  should  have  a                                                              
discussion  about   Alaska  history  and  whether   it  should  or                                                              
shouldn't  be compulsory  and  how  it would  be  funded but  they                                                              
should not have that discussion in  conjunction with SB 11 because                                                              
it is  an entirely separate  issue.  He  said they were  hurting a                                                              
good effort  because they  didn't have the  courage or  backing to                                                              
talk about a  controversial issue.  He said if  the Alaska history                                                              
requirement does not pass, they could try again the next year.                                                                  
                                                                                                                                
REPRESENTATIVE  KAPSNER  agreed.    She  said the  House  had  the                                                              
courage to talk about mandating Alaska  history but she didn't see                                                              
the same level of  commitment in the Senate.  She  said the Senate                                                              
hasn't held any  hearings on mandating Alaska  history even though                                                              
there is overwhelming public support.                                                                                           
                                                                                                                                
SENATOR OLSON  thought both issues  are very important  and people                                                              
feel passionately about  them.  He said most districts  don't have                                                              
the  babysitting  problem but  they  do  have the  Alaska  history                                                              
problem.  He  said people don't understand what  happened in World                                                              
War II in  Alaska or what the  creation of the Permanent  Fund was                                                              
about  - many people  think  the Permanent  Fund was  set up  as a                                                              
rainy  day account.    He said  the reason  they  are having  this                                                              
discussion  is   because  they  had   a  bill  that   people  felt                                                              
passionately  about  on one  side  and  a  bill that  people  felt                                                              
equally passionately  about on the other side that  couldn't get a                                                              
hearing in the Senate.                                                                                                          
                                                                                                                                
REPRESENTATIVE  COGHILL   said  members  are  talking   about  two                                                              
mandates: attendance and teaching  Alaska history. One is paid for                                                              
and one  is not.   He said  history is being  paid for  in another                                                              
area.  He  said if they want  to talk about  mandatory attendance,                                                              
they should  just deal with that  but that the  history discussion                                                              
should be a separate discussion.                                                                                                
                                                                                                                                
REPRESENTATIVE KAPSNER  said if they  could get an  Alaska history                                                              
bill to the  Senate floor, she would  be happy to recede  from the                                                              
amendment.  She thought many House members felt the same.                                                                       
                                                                                                                                
CHAIRMAN THERRIAULT  said they were not  going to be able  to pull                                                              
the Alaska  history bill out of  the Senate Health,  Education and                                                              
Social Services  Committee without objection  from the Chair.   He                                                              
said people are willing to deal with  the babysitting problem.  If                                                              
a district  with  an existing  Alaska history  curriculum were  to                                                              
offer it  to be modified, he  thought all districts would  pick it                                                              
up and the problem would be dealt  with. He thought Alaska history                                                              
is already taught  in more than half of the school  districts.  He                                                              
thought some school districts were  resisting because they felt it                                                              
was another  thing the  Legislature was  forcing them  to do.   He                                                              
said if it  were offered without  a mandate, it would be  easy for                                                              
the districts to say yes because  they would have no reason to say                                                              
no.                                                                                                                             
                                                                                                                                
REPRESENTATIVE KAPSNER  said a legislative resolution  was adopted                                                              
in  1988 that  pertained  to  teaching  Alaska history.  That  was                                                              
before  she graduated  from high  school  and she  thought by  now                                                              
school districts would  be required to teach it.   She said three-                                                              
quarters of the  states felt state history is  an important enough                                                              
topic that they have mandated that it be taught.                                                                                
                                                                                                                                
REPRESENTATIVE  STEVENS  said  the  State has  not  published  any                                                              
textbooks except for an Alaska history  textbook.  He tried to use                                                              
it  to teach  a  semester  course but  it  didn't work  very  well                                                              
because it was really designed for  a one-year course.  He thought                                                              
they'd  done a  great  job and  there was  forward  movement.   He                                                              
wasn't sure they wanted to change SB 11 at that point.                                                                          
                                                                                                                                
SENATOR  OLSON  said  Alaska  history  would not  be  an  unfunded                                                              
mandate.   Chairman Therriault stated  that school  districts were                                                              
looking at  this as another burden  they would have to  carry.  He                                                              
said that isn't quite true.  Groups  that are overseeing the State                                                              
of  Alaska's education  system,  such  as the  National  Education                                                              
Association  and  school  administrations,  support  mandating  an                                                              
Alaska history course.                                                                                                          
                                                                                                                                
CHAIRMAN THERRIAULT  said a couple of  years down the road  when a                                                              
district says  there were too many  unfunded mandates and  he asks                                                              
what they  were, the Alaska history  requirement will be  one they                                                              
point to.                                                                                                                       
                                                                                                                                
SENATOR OLSON said there is money for it.                                                                                       
                                                                                                                                
CHAIRMAN THERRIAULT  said the bill had no funding  source attached                                                              
to it.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  STEVENS said  he didn't  buy the unfunded  mandate                                                              
argument.   He said  they require  math, reading  and writing  and                                                              
state history is another basic subject  that ought to be required.                                                              
He had to take Oregon history in  high school and he was glad that                                                              
he  did. He  felt the  Alaska history  requirement  wouldn't be  a                                                              
burden. He  thought the argument that  it wasn't going to  be paid                                                              
for was hollow.   He said it wasn't so unusual  or bizarre for the                                                              
State to require  its own history to be taught  in schools because                                                              
a lot of other states do it.  He said Alaska is the odd one out.                                                                
                                                                                                                                
CHAIRMAN  THERRIAULT asked  if  he uses  his  knowledge of  Oregon                                                              
history now that he is an Alaska resident.                                                                                      
                                                                                                                                
REPRESENTATIVE STEVENS said he did when he taught history.                                                                      
                                                                                                                                
CHAIRMAN THERRIAULT  asked if it would have been  better if he had                                                              
been required to  take additional economics or  world geopolitical                                                              
economics.   He said the  State of Alaska  sells resources  on the                                                              
world market  and thinks people have  no concept of how  to sell a                                                              
commodity  on the market  when they  tell him  Alaska should  just                                                              
make  the   oil  companies  pay   more.  He  asked  if   a  better                                                              
understanding  of that  process might serve  Alaskans better  than                                                              
knowing when the czar bought Alaska.                                                                                            
                                                                                                                                
SENATOR  WILKEN said  this  is a  local control  issue.   He  said                                                              
people should look  at how Fairbanks taught Alaska  history to see                                                              
how it  ought to be  done.  Pieces  of Alaska history  were taught                                                              
throughout school. That culminated  in one course, Alaska Studies:                                                              
Historical Survey  of the Last Frontier  and Its People.   He read                                                              
the following from the course description:                                                                                      
                                                                                                                                
     During this semester survey  of Alaska's history and its                                                                   
     people,   students   become  knowledgeable   about   the                                                                   
     historic, economic, political,  geographic, and cultural                                                                   
     influences  on   Alaska  and  their  impact   on  Alaska                                                                   
     development  from  pre-European settlement  through  the                                                                   
                  th                                                                                                            
     end of the 20 century.                                                                                                     
                                                                                                                                
He read five  bullet points identifying the specific  goals of the                                                              
course:                                                                                                                         
                                                                                                                                
   · Understand   Alaska   political,    economic   and   military                                                              
     positions;                                                                                                                 
   · Examine and contrast the social and cultural differences of                                                                
     Alaska immigrants and native Alaskans at the beginning of                                                                  
           th                                                                                                                   
     the 20 century;                                                                                                            
   · Identify the major players, movements, obstacles and                                                                       
     legislation that led to Alaska statehood;                                                                                  
   · Review the issue of subsistence and the legislation and                                                                    
     rulings regarding rural Alaska; and                                                                                        
   · Identify and review the contributions of pioneering women to                                                               
     the cultural and social development of modern communities.                                                                 
                                                                                                                                
He  said  the school  board  chose  the  curriculum to  teach  the                                                              
material to students.   If the board said Alaska  history would be                                                              
mandatory,  then it would  be mandatory.   But  they chose  not to                                                              
make it mandatory.  He felt a proposed  Alaska history requirement                                                              
implies  that school  boards don't  really know  what is best  for                                                              
their  students  and the  Legislature  does.   He  said  mandating                                                              
Alaska history isn't  a bad idea, but local school  boards who are                                                              
elected  to represent  the students,  administration, parents  and                                                              
community  should make  that decision.   He  said that  is why  he                                                              
objects to an Alaska history requirement.                                                                                       
                                                                                                                                
SENATOR OLSON  agreed and thought  that is a very  respectable way                                                              
to address  the issue.  He  applauded Fairbanks for  putting forth                                                              
the curriculum and  assumed Fairbanks students are  well versed in                                                              
Alaska history.   However,  he said it  is unfortunate  that other                                                              
school districts throughout  the state do not have  the benefit of                                                              
teachers who  have been  in the system  for long periods  of time.                                                              
He said those are the districts mandatory  Alaska history is aimed                                                              
at. He said they want to make sure  students in the rest of Alaska                                                              
have the same opportunities as Fairbanks students.                                                                              
                                                                                                                                
SENATOR  WILKEN  said  every  school  districts  in  Alaska  could                                                              
mandate  an  Alaska  history  curriculum   tomorrow  and  use  the                                                              
Fairbanks curriculum.                                                                                                           
                                                                                                                                
CHAIRMAN THERRIAULT  said if  a good  curriculum was available  to                                                              
every district  in the  state, each  district would probably  have                                                              
discuss and adopt it.  He wanted to allow them that opportunity.                                                                
                                                                                                                                
SENATOR  OLSON said  there have  been  30 years  of districts  not                                                              
doing that.  He  said we lost a generation and  are starting in on                                                              
a second generation of people who don't know Alaska history.                                                                    
                                                                                                                                
REPRESENTATIVE KAPSNER asked how  many students took the Fairbanks                                                              
course.                                                                                                                         
                                                                                                                                
CHAIRMAN THERRIAULT said the course  is an elective but components                                                              
of Alaska history are taught throughout  grade school.  He was not                                                              
sure how many students took the elective.                                                                                       
                                                                                                                                
SENATOR  WILKEN  agreed  that components  of  Alaska  history  are                                                              
taught throughout  school and that  in one of the  senior classes,                                                              
civics, a  two-week section on the  Permanent Fund is taught.   He                                                              
said  a  student  could  go  through  school  without  taking  the                                                              
elective  course  and  still  learn  bits  and  pieces  of  Alaska                                                              
history.                                                                                                                        
                                                                                                                                
REPRESENTATIVE STEVENS  noted that the State requires  teachers to                                                              
take Alaska history  or Alaska studies to get certified.   He said                                                              
the State felt it is such an important  topic that teachers should                                                              
know it to be able to teach in the  state.  He said there ought to                                                              
be a  connection between  what teachers are  required to  know and                                                              
what students are required to know.                                                                                             
                                                                                                                                
CHAIRMAN THERRIAULT  asked how long  that requirement had  been in                                                              
effect.                                                                                                                         
                                                                                                                                
REPRESENTATIVE STEVENS said at least ten years.                                                                                 
                                                                                                                                
CHAIRMAN THERRIAULT  said he had  no delusions that  the committee                                                              
would resolve  the issue that day.   He hoped the  original intent                                                              
of SB 11 didn't  get lost because [sporadic attendance]  is a real                                                              
problem that  cannot be dealt with  by local school  districts and                                                              
will require legislative action.   He said the committee would try                                                              
to meet again in the next couple of days.                                                                                       
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the                                                                       
Conference Committee on Senate Bill 11 meeting was adjourned.                                                                   

Document Name Date/Time Subjects