Legislature(2009 - 2010)BELTZ 211

02/23/2009 08:00 AM Senate EDUCATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 102 RAISE COMP. SCHOOL ATTENDANCE AGE/TRUANCY TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
+= SB 33 POSTSECONDARY SCHOLARSHIPS TELECONFERENCED
Moved CSSB 33(EDC) Out of Committee
        SB 102-RAISE COMP. SCHOOL ATTENDANCE AGE/TRUANCY                                                                    
                                                                                                                                
8:19:44 AM                                                                                                                    
CHAIR ELTON announced SB 102 to be up for consideration.                                                                        
                                                                                                                                
DON BURRELL,  aide to Senator Davis,  sponsor of SB 102,  said it                                                               
increases the  Alaska compulsory school attendance  age from 7-16                                                               
to 7-18.  At the  same time  it necessarily  amends the  crime of                                                               
contributing to the  delinquency of a minor from  the maximum age                                                               
of  16 to  a maximum  of  18 years  of  age. This  bill will  not                                                               
preclude parents  from home schooling children,  using charter or                                                               
alternative  schools  or  any  other  of  the  12  exceptions  to                                                               
compulsory  education  including  completion   of  grades  12  or                                                               
graduation from secondary schools before the age of 18.                                                                         
                                                                                                                                
Last year 3,283 Alaskan students  dropped out and 62.4 percent of                                                               
graduating student  population actually graduated according  to a                                                               
Department  of Education  and  Early  Development (DEED)  report.                                                               
Nationally,  the graduation  rate is  70 percent  or higher;  the                                                               
highest dropout  rate in Alaska  is among minorities  with Alaska                                                               
Natives being double  the rate of all others.  These numbers have                                                               
not  changed  in  many  years,  and  Alaska's  compulsory  school                                                               
attendance age has also not  changed in decades. Seventeen states                                                               
have increased the  compulsory school attendance age  to 18 years                                                               
old;  nine additional  states  maintain  that age  at  17 and  23                                                               
states maintain the age at 16.                                                                                                  
                                                                                                                                
MR.  BURRELL said  the  legislative intent  by  states that  have                                                               
increased compulsory school attendance age  to 18 is to encourage                                                               
more  students to  stay in  school  long enough  to graduate,  to                                                               
attend  institutions of  higher  education  and decrease  dropout                                                               
rates, juvenile  crime and teen  pregnancies. Studies  have shown                                                               
that  students without  a diploma  earn less  than 75  percent of                                                               
those with  a diploma; they are  more likely to live  in poverty,                                                               
go to jail and have health  problems. The purpose of this bill is                                                               
to  deal directly  with the  dropout  rate and  graduate rate  of                                                               
Alaska's students.                                                                                                              
                                                                                                                                
8:23:45 AM                                                                                                                    
SENATOR STEVENS  asked how increasing  the age to 18  will lessen                                                               
the dropout rate  and improve the graduation rate  and whether he                                                               
has any data to back it up.                                                                                                     
                                                                                                                                
8:24:26 AM                                                                                                                    
SENATOR DAVIS answered that some  information is in their packets                                                               
but that increasing the age from  16 to 18 would give schools two                                                               
more years to work with  students to prepare them for graduation.                                                               
This bill  doesn't just require  that students sit there  for two                                                               
more years  without doing anything,  but educators can  then give                                                               
these students meaningful reasons for being in school.                                                                          
                                                                                                                                
She said many kids don't drop  out because they are failing; they                                                               
have many other reasons. If a  caring person helps them through a                                                               
tough situation, that  might help them stay in.  Changing the age                                                               
from  16  to 18  has  proven  to  help  other states  with  their                                                               
graduation  rates.  This  bill does  not  mandate  having  truant                                                               
officers to force students to go  to school, but it would provide                                                               
programs  that  would  be  beneficial  to  them;  some  of  these                                                               
programs are already being set up.                                                                                              
                                                                                                                                
8:26:28 AM                                                                                                                    
SENATOR  OLSON  asked  what  kind   of  difference  the  existing                                                               
enforcement  policies would  make on  students who  must stay  in                                                               
school until the age of 18.                                                                                                     
                                                                                                                                
SENATOR DAVIS  replied that the  bill doesn't mandate  any active                                                               
enforcement.                                                                                                                    
                                                                                                                                
SENATOR OLSON  said he got  a call  from a constituent  asking if                                                               
the negative  attitude of  a student  who doesn't  want to  be in                                                               
school will adversely affect the others.                                                                                        
                                                                                                                                
SENATOR  DAVIS responded  that the  school  system is  set up  to                                                               
handle those situations.  Kids can't misbehave and  not have some                                                               
action taken.                                                                                                                   
                                                                                                                                
SENATOR OLSON  asked what  effect this  has on  private secondary                                                               
schools; do they need to raise their age, too?                                                                                  
                                                                                                                                
SENATOR  DAVIS   replied  that  this  legislation   doesn't  have                                                               
anything to do with private schools.                                                                                            
                                                                                                                                
CHAIR  ELTON asked  MR. JEANS  from the  Department of  Education                                                               
what happens now to a 15-year old who doesn't attend school.                                                                    
                                                                                                                                
8:29:40 AM                                                                                                                    
EDDIE JEANS, Director of School  Finance, Department of Education                                                               
and  Early Development  (DEED), answered  under the  current law,                                                               
once a child turns 16, he  is no longer required to attend public                                                               
school.  AS 14.30.010,  the compulsory  attendance law,  places a                                                               
requirement on  the guardian  of the child  to ensure  that child                                                               
attends a public school. If the  child does not attend, then it's                                                               
the  guardian who  is in  violation  of state  law. It  is not  a                                                               
felony, but fines are attached.                                                                                                 
                                                                                                                                
CHAIR ELTON  asked if  the same  penalties accrue  if the  age is                                                               
bumped up.                                                                                                                      
                                                                                                                                
MR. JEANS replied that the same penalties would apply.                                                                          
                                                                                                                                
CHAIR ELTON asked if the department has a position on the bill.                                                                 
                                                                                                                                
MR. JEANS  replied that the  department is  neutral. Commissioner                                                               
LeDoux's main  concern is to provide  additional opportunities to                                                               
these students who  are dropping out. They are not  all bad kids;                                                               
many of them have lost interest.                                                                                                
                                                                                                                                
MR.  JEANS  said the  main  thing  he  asks  is will  moving  the                                                               
compulsory age from 16 to 18  harm any child, and he believes the                                                               
answer is  no. Right now  if a child decides  to drop out  at age                                                               
16, they know they can do that;  if they know the law is 18, they                                                               
know that, too.                                                                                                                 
                                                                                                                                
8:32:05 AM                                                                                                                    
CHAIR ELTON  said the  way he  reads the bill,  if a  17-year old                                                               
drops out  and begins  working on  a GED,  he isn't  excused from                                                               
this law.                                                                                                                       
                                                                                                                                
MR. JEANS replied that students  are exempted from the compulsory                                                               
school age once you're awarded  the GED, not while working toward                                                               
it.                                                                                                                             
                                                                                                                                
SENATOR    STEVENS   said    the   foundation    formula   allows                                                               
$10,000/student and  asked if  a kid  drops out at  age 17  or 18                                                               
now, the district loses those funds.  It seems to be logical that                                                               
keeping the student  in school for an additional  two years would                                                               
make additional  funds available that the  district wouldn't have                                                               
otherwise -  to do  counseling or  alternative programs.  Is that                                                               
what districts would do?                                                                                                        
                                                                                                                                
MR. JEANS replied that is their hope.                                                                                           
                                                                                                                                
8:33:39 AM                                                                                                                    
SENATOR HUGGINS joined the meeting.                                                                                             
                                                                                                                                
MR. JEANS  said he believes the  fiscal note is high,  because he                                                               
went to the  state's new unique student identifier  data base and                                                               
looked at  all students from ages  16-18 who were there  on count                                                               
date  in  October,  but  were  no longer  in  school  and  didn't                                                               
graduate in  the summer. He  identified 1,661 students  who moved                                                               
out  of system  without  a  high school  diploma.  Some of  these                                                               
students may have  moved out of state, and  the department simply                                                               
doesn't know  if they went  to another public school.  That's why                                                               
he would say this  fiscal note is on the high  end. He offered to                                                               
work with the  committee to revise the bill  with more meaningful                                                               
numbers.                                                                                                                        
                                                                                                                                
8:35:26 AM                                                                                                                    
CHAIR  ELTON said  it would  be helpful  to get  some assumptions                                                               
from the  department on things like  military transfers, children                                                               
entering a home-school situation or going to a private school.                                                                  
                                                                                                                                
8:36:16 AM                                                                                                                    
SENATOR DAVIS said she appreciated  that Mr. Jeans was willing to                                                               
work on  the fiscal  note, but  that wasn't  really a  concern of                                                               
hers;  if the  students don't  show up  they wouldn't  be in  the                                                               
foundation formula  and the money  wouldn't ever be  used anyway.                                                               
It's just  a number,  and the Finance  Committee could  deal with                                                               
it.                                                                                                                             
                                                                                                                                
CHAIR ELTON agreed but added that  having a good fiscal note that                                                               
is less could help the discussion.                                                                                              
                                                                                                                                
SENATOR HUGGINS said  they need to be as accurate  as possible so                                                               
legislators  can have  confidence in  what it  is doing  with the                                                               
public's money.                                                                                                                 
                                                                                                                                
8:37:28 AM                                                                                                                    
SENATOR STEVENS  said the  department should  have some  idea how                                                               
many kids  drop out because of  family issues but asked  how many                                                               
are bored  or in  trouble with  the law. They  should be  able to                                                               
figure out who those kids are.                                                                                                  
                                                                                                                                
MR.  JEANS  responded  when  a student  leaves  the  system,  the                                                               
district identifies  to the department  why the student  left. If                                                               
they  go to  another  public  school, that  shows  up, and  those                                                               
students would  not be  included in  this number.  These students                                                               
have  left the  system  and  for some  reason  aren't showing  up                                                               
anywhere else  in the  public schools. Beyond  that, he  has data                                                               
about when they left, but not why.                                                                                              
                                                                                                                                
8:38:47 AM                                                                                                                    
CHAIR  ELTON asked  if a  Coast Guard  family is  transferred and                                                               
their child leaves school, would the district know that.                                                                        
                                                                                                                                
MR.  JEANS answered  that an  indicator can  be used  showing the                                                               
student  transferred to  another state,  but that  doesn't always                                                               
happen. They  are much better  at recording the  actual transfers                                                               
within state.                                                                                                                   
                                                                                                                                
SENATOR  HUGGINS  said he  wanted  to  recognize efforts  by  the                                                               
current commissioner  of DEED who  at the  end of this  past week                                                               
held  the  first  in  a  series  of  graduation  rate  forums  in                                                               
Anchorage.                                                                                                                      
                                                                                                                                
8:40:33 AM                                                                                                                    
PATRICIA  GEORGE,  Alaska  State Literacy  Association,  believed                                                               
mandatory school attendance  age should be lowered  from seven to                                                               
six  years of  age and  that 32  states now  require students  to                                                               
attend  school by  age six.  In her  experience as  a first-grade                                                               
teacher, she  found there  is no  way to  compel parents  to have                                                               
their  children attend  school regularly  or on  time, but  it is                                                               
important for  them to do that  so that they don't  miss critical                                                               
steps in the  learning process. SB 102 is  an appropriate vehicle                                                               
to make that change  and she urged them to amend  it to lower the                                                               
mandatory school age from seven to six.                                                                                         
                                                                                                                                
8:42:09 AM                                                                                                                    
SENATOR HUGGINS  asked her for  a "quick burst" on  her rationale                                                               
for seven versus six years old.                                                                                                 
                                                                                                                                
MS. GEORGE  replied that  she has  tried to  get the  age lowered                                                               
since Senator Duncan served in  the Legislature, but she was told                                                               
long ago by a  staffer that someone tried to lower  the age and a                                                               
fiscal note  was added that  stopped it. Now  there is a  new and                                                               
important interest  in getting children  into school  earlier, so                                                               
she is bringing it up again.                                                                                                    
                                                                                                                                
8:43:03 AM                                                                                                                    
SENATOR DAVIS  said she  had been  trying to get  a bill  on that                                                               
issue  through the  legislature for  several years  but for  some                                                               
reason  hadn't been  able to  get  it passed.  She thought  about                                                               
putting the  lower and the higher  ages in this bill  but decided                                                               
not to  because graduation is so  important, and she wants  it to                                                               
pass; the lower age issue has been so contentious.                                                                              
                                                                                                                                
8:44:16 AM                                                                                                                    
SENATOR STEVENS said he doesn't  know anyone whose children don't                                                               
start at six, and asked if it is really a problem.                                                                              
                                                                                                                                
MS. GEORGE remarked  that as a first-grade teacher  she has found                                                               
many parents who  feel their children don't have to  be in school                                                               
if  it's not  mandatory. So  the kids  end up  coming in  late or                                                               
attending only a few days a week.                                                                                               
                                                                                                                                
SENATOR STEVENS asked if she had any data to support that.                                                                      
                                                                                                                                
MS. GEORGE said she doesn't now but could get it.                                                                               
                                                                                                                                
SENATOR DAVIS  said that data  could be provided and  many people                                                               
could speak to it. What Ms. George said is correct.                                                                             
                                                                                                                                
MS.  GEORGE  said  "No  Child  Left  Behind"  requires  that  all                                                               
students be  reading on grade  level at  the end of  third grade.                                                               
So,  if they  don't expect  children  to start  school until  age                                                               
seven, it's  going to be  very difficult for  many of them  to be                                                               
reading on grade level at the end  of third grade at age eight or                                                               
nine.                                                                                                                           
                                                                                                                                
8:46:30 AM                                                                                                                    
CHAIR ELTON  said before this bill  was heard again he  wanted to                                                               
get some information  from other states on  their experience with                                                               
handling age at the bottom end.                                                                                                 
                                                                                                                                
MS.  GEORGE said  only seven  states don't  require districts  to                                                               
provide kindergarten,  and 17 states  require kids to  attend it.                                                               
"States  are  moving  toward mandatory  kindergarten."  With  the                                                               
emphasis on  getting kids  into preschool to  get them  ready for                                                               
school, you need them in school so they can progress through.                                                                   
                                                                                                                                
8:47:51 AM                                                                                                                    
CHAIR ELTON assumed if  it was left at age seven,  a six year old                                                               
could get  into kindergarten, so  mandatory kindergarten  may not                                                               
completely address the  age problem. A five-year  old wouldn't be                                                               
compelled  to go  to kindergarten  the  same way  a six-year  old                                                               
would.                                                                                                                          
                                                                                                                                
MS. GEORGE  said the states  that require districts to  provide a                                                               
kindergarten  don't  necessarily   require  attendance;  all  the                                                               
states that have lowered their age to five do.                                                                                  
                                                                                                                                
SENATOR STEVENS  cautioned that  there are a  lot of  good things                                                               
that can  and should  be done. This  bill could  cover everything                                                               
but may gather opposition things are added to it.                                                                               
                                                                                                                                
8:49:46 AM                                                                                                                    
SENATOR DAVIS  asked Ms.  George if she  wants to  have mandatory                                                               
kindergarten.                                                                                                                   
                                                                                                                                
MS. GEORGE  replied not  in this particular  bill. They  are just                                                               
trying to  get their foot in  the door with this  one; they would                                                               
be happy to see others.                                                                                                         
                                                                                                                                
8:50:36 AM                                                                                                                    
SENATOR OLSON brought  up Mark Twain's quote - "I  would not want                                                               
my education  interrupted by my  schooling" - and asked  if other                                                               
states that  have lower compulsory  school age see  a correlation                                                               
with improved graduation rates.                                                                                                 
                                                                                                                                
MS. GEORGE said  her position paper that used  research papers as                                                               
a resource cites  a correlation between children  who attend high                                                               
quality preschools and kindergartens. They  are less likely to be                                                               
retained  in primary  grades, have  higher graduation  rates from                                                               
high school and have fewer behavior problems.                                                                                   
                                                                                                                                
SENATOR STEVENS  asked if  a child enters  at seven  and proceeds                                                               
through the school system that  means they will spend three years                                                               
before they  get into the  third grade where reading  is crucial.                                                               
If a child starts school at age seven couldn't he skip a grade?                                                                 
                                                                                                                                
MS. GEORGE  replied that is not  always the case. It's  up to the                                                               
school to place the child.                                                                                                      
                                                                                                                                
SENATOR STEVENS  said they place a  child for a reason  - perhaps                                                               
one is that they are ready to move ahead.                                                                                       
                                                                                                                                
MS. GEORGE replied that all  things are taken into consideration,                                                               
and a large  child would probably not be put  into a kindergarten                                                               
classroom  - maybe  first grade,  and it  would be  the teacher's                                                               
responsibility to catch them up.                                                                                                
                                                                                                                                
8:53:17 AM                                                                                                                    
SENATOR HUGGINS said  in his experience, if a 15  and a half-year                                                               
old drops out, "we as a society  do not have the will power to go                                                               
out  and enforce  that age."  He thought  that was  a fundamental                                                               
question.                                                                                                                       
                                                                                                                                
MS. GEORGE responded that she didn't have that information.                                                                     
                                                                                                                                
8:54:31 AM                                                                                                                    
SENATOR  DAVIS stated  95 percent  of  children in  Alaska go  to                                                               
kindergarten even though it is not mandatory.                                                                                   
                                                                                                                                
CARL  ROSE,  Executive  Director, Association  of  Alaska  School                                                               
Boards, supported SB 102. His  major concern was how many parents                                                               
are willing  to let their 16-year  olds make life decisions  on a                                                               
daily basis. The  decision to stay in school is  premature at age                                                               
16,  he said.  "What  kind  of rights  does  a  16-year old  have                                                               
anywhere else  to do anything else;  you can't even vote  at that                                                               
age!" Even without enforcement,  mandating education until age 16                                                               
sends  a  message  that  they  can make  that  choice;  he  urged                                                               
committee members to not send  that message. Conversely, changing                                                               
that age to 18 sends a strong message as well.                                                                                  
                                                                                                                                
MR. ROSE added  that the third-grade benchmark is  where they see                                                               
the gap  in achievement occur.  That separation continues  on and                                                               
is one of the bases for dropping out.                                                                                           
                                                                                                                                
SENATOR  HUGGINS  asked   Mr.  Rose  why  the   minimum  age  was                                                               
established at seven years in the first place.                                                                                  
                                                                                                                                
MR. ROSE replied that it has been  seven years old for as long as                                                               
he has  known. They  have tried  to lower it  to six,  but fiscal                                                               
notes have gotten  in the way, and some parents  don't want to be                                                               
mandated to  send their  kids off to  formal education  until age                                                               
seven.                                                                                                                          
                                                                                                                                
CHAIR  ELTON asked  Mr. Rose  if he  could provide  the committee                                                               
with more information on that issue.                                                                                            
                                                                                                                                
8:58:52 AM                                                                                                                    
SENATOR HUGGINS said he had always  felt if a child can't read by                                                               
the  third grade  he should  stay there  and catch  up, but  that                                                               
doesn't  seem to  happen. People  graduate from  high school  who                                                               
can't read; something is wrong with our system if we do that.                                                                   
                                                                                                                                
MR.  ROSE responded  that he  thinks Senator  Huggins is  talking                                                               
about "social  promotion" and the issue  is if kids are  ready to                                                               
learn when  they come to school.  If they start school  and don't                                                               
even  know their  alphabet, they  are  probably not  going to  be                                                               
sight reading  by the  third grade, and  they are  already behind                                                               
the curve.  If they  can't read  when they  graduate, you  can be                                                               
sure that problem  started in elementary school  when they didn't                                                               
gain those skills.  "So, this bill is about  helping kids getting                                                               
to graduate  and I  support that  component of  it. I  also heard                                                               
some comments here  that do merit some consideration  in terms of                                                               
insuring that kids get the best bite of the apple early."                                                                       
                                                                                                                                
9:01:15 AM                                                                                                                    
AMBER  SAWYER, representing  herself  as a  former Alaska  school                                                               
system graduate and  UAA student and also as a  big sister of two                                                               
current elementary  students. She  said she  has a  nine-year old                                                               
brother  who  attends Finger  Lake  Elementary  School where  she                                                               
volunteers. It  was very easy to  tell in middle school  who took                                                               
school seriously  and who  was going to  drop out.  Some students                                                               
were just biding their time until  they could drop out instead of                                                               
looking at "voc tech" programs  in the community or attending the                                                               
alternative high  schools where  they can have  a job  while they                                                               
are  in  school.  Looking  at   the  fourth  grade  students  she                                                               
volunteers with, she  said you've got to offer  them something, a                                                               
reason to stay in.                                                                                                              
                                                                                                                                
9:04:23 AM                                                                                                                    
CHAIR ELTON held SB 102 in committee.                                                                                           

Document Name Date/Time Subjects
CS explained.pdf SEDC 2/23/2009 8:00:00 AM
CSSB 102 DRAFT.pdf SEDC 2/23/2009 8:00:00 AM
Sectional Analysis CSSB 102 DRAFT.pdf SEDC 2/23/2009 8:00:00 AM
Sponsor Statement.pdf SEDC 2/23/2009 8:00:00 AM
SB 102
NEA 12 point plan.pdf SEDC 2/23/2009 8:00:00 AM
SB 102
Drop Out Fact Sheet.pdf SEDC 2/23/2009 8:00:00 AM
SB 102
State laws compared USDOL.pdf SEDC 2/23/2009 8:00:00 AM
SB 102
State Laws NCSL.pdf SEDC 2/23/2009 8:00:00 AM
SB 102
ltr NEA supporting 22009.doc SEDC 2/23/2009 8:00:00 AM
SB 102