Legislature(1995 - 1996)

02/22/1995 09:06 AM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 SHES - 2/22/95                                                                
                                                                               
           SB  88 PILOT PROGRAM FOR CHARTER SCHOOLS                          
                                                                               
 Number 416                                                                    
                                                                               
 CHAIRMAN GREEN introduced  SB 88  as the next order of business               
 before the committee.                                                         
                                                                               
 SENATOR SHARP, prime sponsor, said that SB 88 addresses the                   
 consideration of the charter school concept.  He noted previous               
 legislation, SB 60 and SB 61, which attempted to address charter              
 schools along with various other educational issues.  SB 88 is a              
 single issue piece of legislation.  He pointed out that SB 88 would           
 allow creativity with few limitations on setting up and operating             
 charter schools.  He reviewed the sectional analysis of SB 88.  He            
 hoped that this legislature could develop legislation encouraging             
 charter schools to challenge students.                                        
                                                                               
 SENATOR SALO asked if SB 88 included the committee amendments to              
 last year's legislation regarding charter schools.  SENATOR SHARP             
 said that he basically used the last version of SB 61.                        
                                                                               
 Number 496                                                                    
                                                                               
 SENATOR SALO felt that a lot of work had been put into last year's            
 legislation, however, more could be done.  She asked where the                
 charter school would be located; would this be a program within an            
 existing school or another facility entirely?  SENATOR SHARP could            
 foresee various possibilities.  He felt that in the current                   
 economy, existing facilities would be used.  This legislation is              
 based on the Wisconsin Charter School Law which uses an existing              
 school within a district.  He noted that facilities not owned by              
 the school district would not be eliminated from consideration.               
                                                                               
 CHAIRMAN GREEN pointed out that oftentimes, charter schools had               
 resulted in an attempt to save a school in danger of being phased             
 out.  She said that the Birchwood School in Anchorage and the ABC             
 School in the Northern Lights District were examples of quasi                 
 charter schools; these schools used existing facilities.                      
                                                                               
 SENATOR SALO explained that part of the opposition to this bill is            
 encompassed in Chairman Green's previous statement.  Many believe             
 that programs such as charter schools can be achieved in the                  
 current system.                                                               
                                                                               
 SENATOR SHARP noted that the scope of his background in education             
 was his service in the past two sessions on the HESS committee.               
                                                                               
 Number 544                                                                    
                                                                               
 SENATOR LEMAN stated that one of his goals was to offer educational           
 opportunities to all children in Alaska.  He disagreed with the               
 Anchorage School District's policy.  All school programs should be            
 available to all students even those that receive home schooling or           
 attend private schools.  Such programs as a chemistry lab would not           
 be appropriate to have in a home school setting.  He hoped to                 
 ensure the ability for students to participate in any available               
 program.                                                                      
                                                                               
 SENATOR SHARP felt that SB 88 incorporates a lot of freedom for the           
 school board.  This bill would allow a school district the ability            
 to offer facilities in the district to be utilized by a charter               
 school.  There is ample room to explore all the options.                      
                                                                               
 Number 578                                                                    
                                                                               
 CARL ROSE, Executive Director of the Association of Alaska School             
 Boards (AASB), supported SB 88.  He noted the association's                   
 previous work on this legislation in an omnibus effort.  He stated            
 that a school board's ability to examine the needs of those it                
 serves is impaired by their frame of reference.  Regulations,                 
 statutes, funding constraints, negotiated agreements, and board               
 policies impact the school board.  SB 88 allows interested groups             
 to offer proposals to the school board.  He envisioned much                   
 opportunity for improvement within SB 88.  After conducting a                 
 survey, Mr. Rose discovered that 85 percent of their membership are           
 in rural communities.  The rural communities do not expect charter            
 schools to be part of their future.                                           
                                                                               
 TAPE 95-8, SIDE B                                                             
                                                                               
 Number 595                                                                    
                                                                               
 Mr. Rose noted that the areas of Anchorage, Fairbanks, Mat-Su,                
 Kenai, and Juneau are interested in charter schools; the more                 
 populated areas would be most interested in charter schools.  In              
 terms of funding charter schools, there needs to be a clarification           
 of the administrative costs.  He informed the committee that other            
 proposals had created charter schools as a funding site unto                  
 themselves.  He reiterated Senator Salo's concerns regarding the              
 facilities for charter schools.  SB 88 seems to be geared towards             
 magnet schools due to the increased cost of operating an off site             
 facility.  He commented on possible prerequisites in order to                 
 handle admission of charter schools.  In conclusion, SB 88 would              
 positively address certain areas of community interest and the                
 association supports charter schools.                                         
                                                                               
 SENATOR SALO asked if the AASB supported this two years ago.  CARL            
 ROSE stated that AASB supported the concept, but not the                      
 legislation.  SB 88 seems to address most of the concerns the AASB            
 had with the legislation of two years ago.                                    
                                                                               
 SENATOR SALO expressed the need to take time with SB 88 in order to           
 survey possible scenarios in a charter school situation.  She asked           
 if Mr. Rose believed that SB 88 would allow freedom from negotiated           
 agreements which he had mentioned as an obstacle school board's               
 face.  CARL ROSE directed the committee's attention to Section 5              
 subsection (b) which addresses that fear.                                     
                                                                               
 SENATOR SALO asked how easy would it be for a charter school to               
 become a voucher system.  She expressed her belief that a voucher             
 system would be detrimental to public education.  There is a group            
 of parents in Anchorage working on opening a private school.  If              
 such a group was interested in a charter school and public funding            
 was matched with private funds, the results could be a wonderful              
 school and delivery system.  She pointed out that there is already            
 discussion regarding federal disparity in the formula; in-state               
 disparity could also be a consideration.                                      
                                                                               
 CARL ROSE understood Senator Salo's concern with disparity issues             
 with regard to equality and equal protection.  He stated that                 
 students in public schools are afforded certain opportunities that            
 others cannot take advantage of.  In smaller schools without access           
 to Star Schools, there is no opportunity to take advanced                     
 mathematics or foreign languages as is the case in some areas in              
 Skagway.  A student could excell in one school system while being             
 barred from certain courses with prerequisites which are not                  
 available.  He felt that creating a charter school that would not             
 be accessible to all would be justified in its original charter.              
 When a charter school is proposed the board would review the                  
 benefits.  Mr. Rose explained that charter schools and vouchers               
 were tied together in the past eventhough, charter schools are                
 different.                                                                    
                                                                               
 Number 499                                                                    
                                                                               
 WILLIE ANDERSON, National Education Association for Alaska (NEA-              
 AK), supported SB 88 in general, but recognized some areas of                 
 concern.  He noted that NEA-AK had also worked with Senator Sharp             
 on this legislation.  The funding of charter schools was noted as             
 a concern.  He explained that charter schools would pull students             
 out of the general population of the school system which could                
 result in smaller classes.  Smaller classes would create the                  
 possibility of higher enrollment in the main school causing less of           
 an opportunity for a quality education for those students in the              
 main school.  Another problem could come in the area of enrollment.           
 Mr. Anderson emphasized the need for open enrollment; there should            
 be equal opportunity to participate in any program receiving public           
 funding.                                                                      
                                                                               
 Mr. Anderson pointed out that SB 88 merely implies that charter               
 schools would be required to follow all applicable laws and                   
 regulations.  He expressed the need to clarify this issue.  Also              
 there should be clarification as to how charter schools differ from           
 what currently exists.  He thought that SB 88 could be providing a            
 new vantage point in which to look at the educational process.  He            
 said that NEA-AK supported creative thinking to the extent that               
 every student has equal access, the presence of an adequate funding           
 source, and a facility for these programs.  Many of the current               
 educational facilities are overcrowded.  SB 88 could enhance public           
 schools and NEA-AK would support that endeavor.                               
                                                                               
 Number 453                                                                    
                                                                               
 SENATOR SALO commented that the issues of the availability of                 
 facilities and funding for charter schools are closely linked.                
 SB 88 addresses the administrative costs of charter schools, but              
 does not deal with the costs of operating a facility separate from            
 a school facility already being utilized.  WILLIE ANDERSON agreed             
 with Senator Salo and specified that SB 88 should have an                     
 additional funding mechanism to address the operational concerns of           
 using a separate facility.                                                    
                                                                               
 CHAIRMAN GREEN inquired as to the position of NEA-AK regarding                
 SB 88.  WILLIE ANDERSON reiterated that NEA-AK supports SB 88 with            
 the reservations previously indicated.                                        
                                                                               
 SENATOR LEMAN asked Mr. Anderson of his thoughts regarding the need           
 for equal access to educational programs for all students.  WILLIE            
 ANDERSON stated that NEA-AK does not officially oppose private                
 school students utilizing public school facilities.  NEA-AK would             
 encourage students interested in programs offered by public schools           
 to enroll in the public school.  Mr. Anderson mentioned the option            
 of part-time enrollment.  Every student has the opportunity to                
 attend public schools and utilize their programs, the ability to              
 chose certain portions of the program would be left to the                    
 discretion of the local board of education.                                   
                                                                               
 Number 415                                                                    
                                                                               
 VIVIAN JOHNSON, Yukon Kuskokwim Health Corporation member and                 
 hospital administrator at the Bethel hospital, stated that her                
 testimony represented her thoughts not any group with which she was           
 affiliated.  She informed the committee of her varied educational             
 background and noted that when she attended a state run high school           
 it did not provide the necessary challenge for her.  She agreed               
 that equal access should be a concern.  There is a need to ensure             
 educational opportunities.  She felt that students are challenged             
 no matter their location.                                                     
                                                                               
 Ms. Johnson, speaking from the perspective of a professional                  
 teacher, noted that everyone learns in different ways.  There are             
 also numerous theories of practice for education.  She envisioned             
 charter schools in her future although, previous statements                   
 indicated that rural areas would not be interested in charter                 
 schools.  She commented that, as a professional teacher, teaching             
 in a charter school seems very attractive to her.  She asked what             
 the geographic balance referred to in SB 88.                                  
                                                                               
 Number 336                                                                    
                                                                               
 CHAIRMAN GREEN clarified that the intent of the language was to               
 ensure that one district did not utilize all thirty of the possible           
 charter schools.  The numbers are arbitrary without any scientific            
 calculations; there was no bias intended.  VIVIAN JOHNSON expressed           
 the need to clarify that language because the language suggests an            
 inbalance in the geographic areas.                                            
                                                                               
 VIVIAN JOHNSON emphasized that SB 88 would offer tremendous                   
 opportunities for teachers.  She pointed out that access at the               
 state level is important and should not be ignored no matter your             
 region.  She offered her assistance with these issues.                        
                                                                               
 SENATOR LEMAN restated Ms. Johnson's feelings that the School of              
 Excellence could raise the standards for everyone however, others             
 feel threatened by such a school.  VIVIAN JOHNSON noted that                  
 everyone reacts to change differently.  Charter schools would be a            
 drastic philosophical change in the state's policy.  She concluded            
 that SB 88 creates an important opportunity.                                  
                                                                               
 CHAIRMAN GREEN said that the committee would continue to consider             
 SB 88 and hoped to hear from other interested individuals.  She               
 noted the committee's next meeting would be on Monday,                        
 February 27th.                                                                

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