Legislature(1997 - 1998)
05/07/1997 09:09 AM Senate HES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
HB 158 RIGHT TO ATTEND SCHOOL ON PART-TIME BASIS
Number 119
CHAIRMAN WILKEN introduced HB 158 as the next order of business
before the committee.
REPRESENTATIVE D YSON , Prime Sponsor of HB 158, commented that
Alaska is enlightened about alternative education which is due in
part to Alaska's widely scattered population. Alaska has one of
the strongest correspondence school systems. A couple of years
ago, Alaska included a provision for part-time students in
regulation. Schools that accept part-time students are reimbursed.
For example, a school would be reimbursed 25 percent of a full-time
student for a student that takes one hour. The reimbursement
progresses so that when a student takes four hours, the school
receives full-time credit towards the foundation formula.
Representative Dyson informed the committee that Sitka, Mat-Su, and
Fairbanks schools do a good job with alternative education.
Anchorage has chosen as a matter of policy not to work with
alternative education such as home school, correspondence, and
private school students. Representative Dyson informed the
committee that when the regulations were written the State Attorney
General anticipated that every school district would make some
provisions. Therefore, the enabling regulations were made
permissive not compulsory. HB 158 would require that every school
district accept part-time students. Representative Dyson stated
that the Alaska Constitution says that the Legislature is required
to provide educational opportunities for all qualified students.
HB 158 is an anti-discrimination bill. The State Board of
Education endorsed HB 158 unanimously.
Number 177
SENATOR LEMAN said that this issue has been worked on for several
years. Senator Leman noted that this issue was first brought to
his attention with the Blomfield case which eventually went to
court. The court concluded that legislation was necessary on this
issue. Senator Leman stated his support.
SHARYLEE ZACHARY , Petersburg Home Schooling Parent, informed the
committee that when she wanted to access the public school library
for age related materials for her home schooled children, she was
told that it was policy that home schoolers could not use the
library. Since that time, Ms. Zachary has discovered that there
are no written policies. Part-time schooling is also unavailable
in Petersburg. Ms. Zachary said that in a discussion with a
teacher she found out that teachers had voted down allowing part-
time students. The teachers opposed part-time schooling because
the teachers felt that students who are goofing off would be
allowed to participate in extra curricular activities due to the
student's part-time schooling. Ms. Zachary understood that
concern, but noted that there can be safeguards to avoid such. Ms.
Zachary informed the committee that there are families in
Petersburg who have expressed interest in part-time schooling. Ms.
Zachary supported HB 158 as it would enhance communication between
those in the public school and those home schooling.
Number 248
CARL ROSE , Executive Director of the Association of Alaska School
Boards, informed the committee that due to his travel commitments
he did not have an opportunity to testify in House HESS. The issue
is local control. School boards are locally elected to oversee
public schools and the delivery of public education. Mr. Rose said
that no one in Alaska understands what it takes to educate 48,000
students with a $360 million budget which is the situation in
Anchorage. This is not a statewide problem, this is a concern with
the decision of Anchorage. Anchorage has determined that it wants
to preserve its right to local determination. Mr. Rose requested
that the committee consider the elected school board members and
their role of being accountable for the Anchorage system. Mr. Rose
reiterated that this is not a statewide issue, most school
districts have decided to accommodate many of the aforementioned
needs. Mr. Rose stated that local determination is important. The
association is concerned with a statewide policy that would
circumvent the local school board. Mr. Rose requested that the
committee consider the authority of the school board and the plight
that the board faces. There has been almost a flat level of
funding for almost the last 10 years while the responsibility of
local school districts has been increased.
SENATOR LEMAN said that he was a proponent of local control, but
the Anchorage School District receives hundreds of thousands of
dollars from state funding. An overall policy that addresses
issues that go beyond local control is necessary. Senator Leman
stated that he had tried to work with the Anchorage School District
who is wrong. Senator Leman believed that the Legislature had no
choice but to make the better policy.
CARL ROSE emphasized that the local school board is held
accountable to the local electorate and the ballot box can be used
to express concerns. Mr. Rose reiterated his request that the
committee review the local school board's local determination and
authority.
CHAIRMAN WILKEN noted that the committee packet included an opinion
from Mike Ford, Legislative Legal Services, regarding HB 158. Mr.
Ford and Ms. Levy, Assistant Attorney General, are present to
answer any questions.
Number 314
LARRY WIGET , Director of Government Relations for the Anchorage
School District, opposed HB 158. Mr. Wiget said that the district
views this as a local control issue as expressed by Mr. Rose.
There will be testimony that will state that HB 158 does not have
any constitutional problems. Mr. Wiget informed the committee that
the district's attorney had been asked if HB 158 does have an issue
of constitutionality. That attorney indicated that the Sheldon
Jackson case and a case in Montana would lead the district to
believe that there is an issue of constitutionality of providing a
direct benefit to private educational institutions. Mr. Wiget
believed that there would be court challenges on this issue, but
the Anchorage School District will not lead such a charge. Mr.
Wiget pointed out that if a private school educated student comes
to the public school to take courses such as computers, chemistry,
and physics then the private school does not have to offer those
courses. Therefore, that provides a direct benefit to a private
school educated student.
Mr. Wiget informed the committee that he viewed this issue
administratively by trying to ensure that the public school
students are not discriminated against in the process of trying to
provide an education to part-time students. The Anchorage School
District is the largest school district in the state. Currently,
there are 2,000 private school and home school students in the
Anchorage area. Mr. Wiget recognized the burden of those students
trying to take courses within the district and the kind of courses
those students want to take, often the more expensive courses.
Allowing students to pick and choose from the public school
curriculum could ultimately weaken the public school system. In
conclusion, Mr. Wiget reiterated that the Anchorage School District
opposes HB 158. Currently, the law does allow for a school
district to choose whether to allow students to enroll on a part-
time basis. The Anchorage School District chooses not to allow
part-time students at this time. Mr. Wiget noted that even the
current law has the possibility of being challenged
constitutionally.
EDDY JEANS , Manager of School Finance in DOE, clarified that
current regulations allow part-time attendance. School districts
must develop a policy allowing students to attend on a part-time
basis. Districts can be discriminatory in some nature, for
instance, a part-time student would not be allowed to take a class
that would replace a full-time student; full-time students have
preference for classes. The State Board of Education does support
HB 158.
Number 376
JAN LEVY , Assistant Attorney General for the Department of Law,
informed the committee that Representative Dyson had requested that
she testify whether the Department of Law saw any legal problems or
issues with HB 158. This issue was reviewed closely a few years
ago when the State Board of Education contemplated adopting part-
time regulations. At that time, the department determined that
nothing in statute or the constitution required a part-time policy
to be established nor was there anything that prohibited such. Ms.
Levy said that analysis would remain the same for HB 158. Ms. Levy
was aware of the suggestion that the bill may violate the
constitution due to the prohibition of any payment of public money
for direct benefit of a private school. The department was told
that there would be a challenge upon the adoption of the
regulations, but no such challenge has occurred. Ms. Levy stated
that the department believes that such a challenge could be
defeated and that HB 158 is constitutionally sound.
LINDA SHARP , a mother of two children in public school, endorsed
HB 158. Due to the failure of the public school system, many have
turned to home schooling and private schooling. Ms. Sharp
indicated the need to have the best choices for all families in
Anchorage in order that the most resourceful families choose the
Anchorage School District first. This is a step in the right
direction.
SENATOR WARD moved to report HB 158 out of committee with
individual recommendations and accompanying fiscal notes. Without
objection, it was so ordered.
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