Legislature(2001 - 2002)
05/14/2002 08:05 AM Senate 345
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 345-EDUC. FUNDING/DISABLED/CORRESPONDENCE
CHAIRWOMAN LYDA GREEN called the Conference Committee on SB 345
meeting to order at 8:12 p.m. and announced that Version O was
before the committee.
SENATOR THERRIAULT moved to adopt Version O of SB 345 as the
working document of the conference committee.
REPRESENTATIVE JAMES objected to adopting Version O and said she
did not know its exact contents.
MR. JERRY BURNETT, staff to Senator Lyda Green, explained Version O
as follows.
· Section 1 provides the funding for the Alaska Challenged Youth
Academy program in the public school foundation program. That
section was taken from HB 312.
· Sections 2, 3, and 4 were the original SB 345, which
authorizes school districts to bill Medicaid for
rehabilitative services for special education students.
· Sections 5 and 6 contain the effective dates.
REPRESENTATIVE GUESS objected to adopting Version O.
REPRESENTATIVE HARRIS asked why the other two sections of SB 345
that deal with questionnaires and surveys and statewide school
district correspondence study were deleted.
CHAIRWOMAN GREEN explained that the substantive changes in [HB 464]
have been incorporated into the proposed regulations by the
Department of Education. She noted a sticking point on the Senate
side is the provision in the proposed regulations that pertains to
the quarterly review. She said that since the discussion about the
proposed regulations began, the Legislature and Department of
Education have resolved 99.9 percent of the issues.
REPRESENTATIVE JAMES expressed concern that the Department of
Education objects to putting some of the proposed regulations in
the bill. She said:
I guess my biggest concern is that that's not necessarily the
way the [regulations] are going to be and that was one of the
reasons why I wanted to put the [regulations] in statute so
that they couldn't change them after I went home and I have
never gotten any kind of a commitment out of them nor do I
think I can get a commitment out of them that that was what
they were doing and there's some parts of this that I think
are very important to be sure that it stays this way. Even if
I were to have that one Section 14.07.050 - if I even had that
part I'd be really comfortable and that's taken almost word
for word out of the [regulations].
SENATOR THERRIAULT referred to page 3 of HCS SB 345(RLS) and said
Senator Wilken was concerned that the time period of the quarterly
review was too long. He was concerned that if a child's performance
problem was not caught in the first quarter, an entire semester
would pass before anything was done.
REPRESENTATIVE JAMES said that each student is supposed to be
monitored continually and that grades are checked during the
quarterly review, which is what is done in public schools.
SENATOR THERRIAULT asked why she included the words "or
appropriately trained personnel."
REPRESENTATIVE JAMES replied so that it could apply to a teacher's
aide or anyone appropriately trained to do the monitoring.
SENATOR THERRIAULT asked Representative James if she knew why the
department did not include similar language in its regulations.
REPRESENTATIVE JAMES said she did not know. She added she is not
nearly as concerned about that issue as she is about the first one.
CHAIRWOMAN GREEN asked if she was referring to the selection of
textbooks.
REPRESENTATIVE JAMES said that is correct.
REPRESENTATIVE GUESS expressed concern that two bills that passed
the House with over 30 of the 40 members voting in favor were
stripped out. She stated:
Also I am concerned, given some of the bills that have
been floating around - the deal on [HB] 312 was that the
language would get taken out but that money would go into
the capital if more money goes into the foundation
formula. As I've seen bills, that means more money needs
to go into the capital because that funding floor goes
up. The hold harmless on that language, which was my
understanding what was the deal, we also have to be
somewhat aware of that but I think the major objection
from the House side is you took two of our bills out that
passed by 30 and another two bills that you all don't
like but I don't think if we're representing the House
that's...
CHAIRWOMAN GREEN said her understanding is that the money for the
other part of HB 312 is in the capital budget.
REPRESENTATIVE GUESS said it is but the House is concerned that if
any new money goes into the foundation formula, those numbers
change. She noted that any time the number of students changes or
new money is put into the formula, the funding floor changes so, to
be true to the agreement, the capital bill will change as well.
CHAIRWOMAN GREEN said she is not sure that authority would come
from this conference committee.
REPRESENTATIVE GUESS said it probably would not but she wanted to
make the committee aware of that issue.
CHAIRWOMAN GREEN felt that issue is germane for House and Senate
floor discussion.
SENATOR THERRIAULT said he thought that issue is separate and that
the committee needs to keep its focus on the two issues members do
agree on, that being what is contained in Version O. He said he is
wondering if there is anything regarding the correspondence section
that members can agree on.
CHAIRWOMAN GREEN said she has no problem with the language in [AS
14.07].050. She added that language is included in the proposed
regulations to be considered by the state board of education in
June or July.
REPRESENTATIVE HARRIS said he believes it is important to include
[AS 14.07].050 in the bill and offered to make a motion.
REPRESENTATIVE GUESS reminded members that they had not yet adopted
Version O as she objected to it. She stated that adopting Version O
will put the House in a bad position because two people from either
side will need to vote in favor of adding anything to Version O.
She noted if the conference committee works from HCS SB 345(RLS),
two people from either body will have to vote to remove any
provisions.
REPRESENTATIVE JAMES said that language is in AS 14.07.050, as well
as other places, so it is conforming language, therefore two other
sections will be needed.
CHAIRWOMAN GREEN clarified that Representative James was referring
to Sections 7 and 8 of HCS SB 345(RLS). A roll call was taken on
the adoption of Version O.
The motion to adopt Version O as the working document carried with
Senators Green, Therriault and Representatives James and Harris in
favor and Senator Davis and Representative Guess opposed.
SENATOR THERRIAULT moved to adopt Amendment 1 to incorporate
Sections 5, 7, and 8 from HCS SB 345(RLS) into Version O.
CHAIRWOMAN GREEN noted that the adoption of Amendment 1 will
require a title change.
Members agreed to include in the motion a corresponding title
change.
CHAIRWOMAN GREEN noted with no further discussion or objection,
Amendment 1 was adopted.
REPRESENTATIVE GUESS said that she would like to vote on Sections
1, 2, 3 and 4 of the original bill. She said she offered to
compromise and that she believes that is the best language they
have seen. She stated, "It's interesting. This is coming down to a
Democrat saying local control and others saying not. This language
allows - it says to a district you have to get active consent...."
She said she believes that was the most responsible language in the
bill and it is disappointing that the conference committee has
adopted a committee substitute without it. She informed members
that she will ask House members not to concur with the conference
committee substitute. She then moved to incorporate Sections 1, 2,
3 and 4 of HCS SB 345(RLS) into the conference committee substitute
[Amendment 2].
REPRESENTATIVE HARRIS said he agrees with Representative Guess that
those sections had a lot of support on the House side.
REPRESENTATIVE JAMES said that language is the best survey language
she has seen although she still has a bit of trouble with surveys
in general.
CHAIRWOMAN GREEN suggested that school districts have a lot of
power to get that information when students register. She
maintained her objection to including Sections 1, 2, 3 and 4.
REPRESENTATIVE JAMES said the goal of a conference committee is to
come up with a product that both the House and Senate can support
otherwise the bill will die and that with parts of her bill
included, she would be more interested in concurring.
REPRESENTATIVE GUESS said the bill could be sent to another
conference committee if it does not pass the House or Senate.
CHAIRWOMAN GREEN said it is her desire to get a bill that both
bodies can support. She noted the committee has adopted part of the
proposed regulations on correspondence study, language for the
Youth Challenge Program and for Medicaid. She asked that members
concur on the portions that have been included so far and not adopt
any further amendments.
REPRESENTATIVE JAMES asked for an explanation of the bill
Chairwoman Green sent over.
CHAIRWOMAN GREEN said many other states have adopted language that
provides that a school district can become a Medicaid vendor. She
said it is a wonderful program but it will require start up work on
behalf of school districts. She then took a roll call vote.
The motion to adopt Amendment 2 failed with Senators Green and
Therriault opposed, and Representatives James, Harris and Guess
voting in favor.
SENATOR THERRIAULT moved to report the conference committee
substitute to SB 345 from committee.
CHAIRWOMAN GREEN announced that without objection, CCS SB 345
(Version O as amended) passed from committee.
SENATOR THERRIAULT asked, "Gretchen, I just wanted to touch on the
HB 312 issue. You're indicating that if we put more money into the
per student dollar then you are desirous of going back into the
capital budget and boosting that number up?"
REPRESENTATIVE GUESS replied, "Basically, if you're going to be
true to that agreement, and somehow there is money - the agreement
that they - put the money in the capital that would have been and
do away with the bill but put the money in the capital."
SENATOR THERRIAULT said the Senate made no agreement and that $6
million is being put into the formula so every district will get
more money. However, now the House is saying more money must be put
in.
REPRESENTATIVE GUESS said she apologizes if that was indicated and
that all she was telling members was what she heard from
Representative Williams, the sponsor of HB 312. She said she did
not know whether an agreement was made but she was told that if the
committee took the language out, an equal amount would be put into
the capital budget.
REPRESENTATIVE JAMES affirmed that what Representative Guess was
referring to was a leadership agreement on the House side that in
order to adjourn, they would let the language go but appropriate
the money.
There being no further discussion, CHAIRWOMAN GREEN adjourned the
meeting at 8:32 p.m.
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