Legislature(1999 - 2000)
05/14/1999 08:12 AM Senate FIN
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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
SENATE BILL NO. 167
"An Act relating to scholarships to attend the
University of Alaska; establishing the Alaska scholars
program; and providing for an effective date."
This was the first hearing for this bill in the Senate
Finance Committee. This bill relates to the University of
Alaska's new program to grant scholarships to the top ten
percent of each Alaskan high school's graduation class.
Co-Chair John Torgerson explained the proposed committee
substitute, CS SB 167 1-LS0900/G 5/13/99, before the
members, which eliminates from statute, the Alaska scholars
program. In addition, the committee substitute maintains
the objective to allow information to be released from
school districts to the University of Alaska for the
purpose of notifying students who are eligible for the new
scholarship program.
Co-Chair John Torgerson explained that this committee
substitute is necessary to place provisions into AS 14.40
to comply with a federal law that limits the release of
educational records that contain personally identifiable
information.
Co-Chair John Torgerson stated he would make available a
legal opinion relating to SB 167 written by Mike Ford,
Legal Council at the Division of Legal and Research
Services. [Copy on file] Co-Chair John Torgerson read a
portion of the memo into the record where Mike Ford stated,
"I find no reason why the legislature could not chose to
provide for the release of this kind of educational record.
While the federal law does limit the release of educational
records that contain personally identifiable information
(see 20 U.S.C. 1232g), this law also contains an exception
for the release of an educational record for the purpose of
applying for financial aid (see 20 U.S.C. 1232g(b)(1)(D))."
Senator Gary Wilken moved to adopt CS SB 167 1-LS0900/G
5/13/99 as a Workdraft. There was no objection and it was
so ordered.
Senator Gary Wilken moved for adoption of Amendment #1. Co-
Chair John Torgerson objected for the purpose of
explanation. Senator Gary Wilken referred to page two,
line 11 of the committee substitute noting the amendment
inserts, "for each scholarship program" following
".students.who meet scholarship eligibility requirements".
This limits the release of names and addresses of students
relevant to individual scholarship programs, he explained.
Senator Gary Wilken explained the second part of the
amendment inserts new paragraphs on page two following line
13 of the committee substitute. The new paragraphs provide
that school districts shall amend their policies as
necessary to comply with the bill but that a school
district shall not provide the information if the student
or parent objects. He said this is the provision that
allows school districts to release the student's names and
information and to comply with the federal Family
Educational Rights and Privacy Act (FERPA).
Senator Randy Phillips asked if this bill is the result of
a new federal law and who was the prime sponsor of that
federal law.
WENDY REDMOND, Vice President, University Relations,
University of Alaska, replied that the federal law is not
new and has been around for over a decade. She explained
this is the first time Alaska had ever come up against the
FERPA law and is because of the University's attempt to
award scholarships to the top ten-percent of graduating
high school students. She said some of the school districts
would not release the names to the University citing that
the federal law prohibits them from doing so. She told the
Committee that the University's legal council determined
FERPA provides an adequate allowance so the schools can
release the names for financial aid purposes. However, she
pointed out, the school districts' attorneys argued that a
state law is also needed.
Senator Randy Phillips asked if the issue of compliance was
raised by the local school districts. Wendy Redmond
responded that the compliance issue was raised by some of
the districts.
Co-Chair John Torgerson clarified that this matter came up
because of the University's new scholarship program. Wendy
Redmond confirmed that the current scholarship is awarded
to the one, top-graduating senior from each high school and
is granted only after the qualifying student applies for
it. The new program is broader and entails the University
notifying all qualified students of their eligibility for
the scholarship. Because of the notification process, the
University needs to know who those qualifying students are,
stressed Wendy Redmond.
Senator Randy Phillips wanted to know if the school
districts were claiming a right to privacy. Wendy Redmond
said the school districts were only saying they were afraid
to release the information because of restrictions in the
FERPA law. She explained that most school districts send
notification to students' families at the beginning of each
school year asking permission to use the student's name in
a school directory. Parent's who sign the form are signing
a basic FERPA release, according to Wendy Redmond.
Senator Dave Donley wanted to know if, in order for the
information to be given from the high school to the
University, the student had to sign a release. Wendy
Redmond answered it was the parents who signed the release.
Senator Dave Donley asked if therefore, the University
wouldn't get a complete list of all qualifying students
because some students' families would chose to not release
that information. Wendy Redmond replied the University
wanted to leave that option available to the parents and
that is the reason AS 14.43.930(d) is proposed in Amendment
provide to the board the name of a student if the parent of
the student objects to the disclosure."
Senator Dave Donley wanted to know what prevented the
University from selling the information received to other
universities or otherwise distributing it. He asked what
controls govern the information once the University of
Alaska receives it. Wendy Redmond responded that there were
no provisions in statute or in regulations but that keeping
the information confidential is just common sense. She
added that the University is also held under FERPA
requirements to keep student information confidential.
Senator Dave Donley wanted assurance that this information
would not be sold by the University. Wendy Redmond promised
that the University of Alaska would never sell the
information.
Senator Lyda Green said this was no different from
information going to other scholarship programs. She
explained that a lot of information was gathered by
scholarship review committees and was kept guarded. She
didn't want the Committee to lose sight of the honorable
intent to provide scholarships to Alaskans.
Senator Randy Phillips said this was the first time he had
seen the bill.
Senator Gary Wilken referred to a letter from the
University of Alaska Scholars Program [Copy on file]
stating that from the participating school districts, 181
students plan to take advantage of the scholarship. Senator
Gary Wilken commented that the question remained as to how
many of those students would have attended the University
of Alaska without the scholarship program in place. He
stressed that this bill is an attempt to get the quality
students to attend the University. He knew students
followed their peers and that this also applied to where
they go to college. He expected that in five years the
State would wonder what it ever did without the program.
Amendment #1 was adopted without objection.
Senator Gary Wilken offered a motion to move from
committee, CS SB 167 (FIN) Version "G" as amended with
individual recommendations and accompanying fiscal note.
There was no objection and the bill was reported out of
committee.
AT EASE 8:30AM / 8:59 AM
Co-Chair John Torgerson made a brief announcement that HB
40 would not be heard at this meeting. Members were working
on drafting amendments to SB 67 and the meeting would come
back to order when they were ready.
AT EASE 9:00AM / 9:57AM
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