Legislature(2001 - 2002)
02/05/2001 01:32 PM Senate HES
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* first hearing in first committee of referral
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+ teleconferenced
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SB 11-COMPULSORY SCHOOL AGE
CHAIR GREEN asked Senator Therriault to present SB 11.
SENATOR GENE THERRIAULT, sponsor of SB 11, explained that SB 11 was
requested by a public school principal in his district. SB 11
simply amends the current statute that says that every child must
begin formal schooling by the age of 7. SB 11 changes the start
date from age 7 to age 6. It does not impact Section (b) of that
statute, which says the child does not have to be in public school
to meet those requirements. A child could be home schooled or
attend an alternative school.
CHAIR GREEN asked if the current statute contains exceptions.
SENATOR THERRIAULT said the statute contains a long laundry list of
exceptions. He pointed out that if a child or family has an
emergency situation, such as an illness, Section b(8) provides for
an exemption granted by the district. SB 11 will not impact that
section. SB 11 also provides for optional kindergarten attendance
so that a parent could place a six year old child in kindergarten
or first grade.
CHAIR GREEN asked if SB 11 has any application to the qualifying
date for entry to school. She felt it is important for people to
understand what this bill does not do.
SENATOR THERRIAULT explained that when a child turns six, the child
would have to be enrolled in school.
CHAIR GREEN asked what would happen to a child who turned six in
February.
SENATOR THERRIAULT said the child would enter school the following
school year.
CHAIR GREEN pointed out a child must be five by August 15 for entry
to school in Alaska.
Number 2001
SENATOR THERRIAULT explained that the issue he is trying to get at
with SB 11 deals with a small number of people who enroll their
children in the public education system before age 7 but do not
make the children attend, since attendance is not mandatory until
age 7. Teachers must expend a lot of time and energy to keep those
children up to speed with the rest of the class or not advance them
at the end of the school year in the student's first year of
attendance. Most agree there is some stigma associated with being
held back. He believes in providing some flexibility for parents
but once a child is enrolled in first grade, the parent should
ensure that the child attends regularly.
SENATOR LEMAN said he agrees with the problem but not with the fix.
He suggested making the enrollment date the mandatory age so that
students are compelled to attend. He asked Senator Therriault if
he considered any other options.
SENATOR THERRIAULT said he did not because the number of children
who fall into this category is very small. He received statistical
information that shows that in 1995, 96 percent of five and six
years of age were enrolled in formal education, with the exception
of children who are home schooled. If home school students are
included, the percentage is about 98 percent, therefore only two
out of 100 children fall in this category.
SENATOR LEMAN said he believes this will only apply to a very small
number of people but those people probably care about government
intervention in their lives. He would be more inclined to support
a fix that solves the problem without overreaching.
SENATOR THERRIAULT said SB 11 does not impact the number of years a
child must be in the education system. It just requires that when
one starts, he or she has to stick with it.
SENATOR LEMAN maintained that he does not read the bill to say one
has to stick with it once one starts.
CHAIR GREEN pointed to line 8, which reads, "shall maintain the
child in attendance, except as provided in (b)." She asked if
current statute requires parents to have their children in school
except for illness or emergency.
SENATOR THERRIAULT said he could not speak to each district's
policy. He said he tried to draft the bill narrowly so that it
gets at the issue yet maintains flexibility for parents.
SENATOR DAVIS indicated that she signed on as a co-sponsor to SB 11
because she believes it is high time that the State lower the
mandatory age to attend school. Most states require children to
attend school at age 5. In Alaska, some students enter school at
age 7 without having attended kindergarten or first grade. She
said children mature earlier now and many do not have parents who
will pay for them to attend preschool and get an early start. This
way, those children would not be left at home and would be able to
attend school because it would be mandatory. She said she would
prefer to require mandatory school enrollment at age five.
SENATOR THERRIAULT pointed out the fiscal note is indeterminate
because the expected number of students that SB 11 will impact is
very small.
TAPE 01-8, SIDE B
SENATOR WARD asked when and why age 7 was put in statute.
MS. HOLLY MORRIS, staff to Senator Therriault, informed the
committee that the ages 7 to 16 are in the statute from the Alaska
Compiled Laws of the Territory, 1949. The legislative librarians
found the law goes back to 1913. The statute has never been
reviewed between then and now.
MS. LOYOLA MCMANUS, representing the Alaska Association of
Elementary School Principals (AAESP), testified from Fairbanks.
She believes SB 11 addresses two issues: children who begin school
at age 7 are at a disadvantage because those children are one to
two years behind his or her peers. Those children are at risk of
being physically, emotionally and socially out of sync with their
classmates. Given that the general practice in Alaska is that 6
year olds are in school, SB 11 would provide a more appropriate and
uniform starting point for all children. Second, SB 11 addresses
truancy and enforcement. At the elementary level, truancy is often
a family problem. If a district wants to use the court system to
address school attendance, it could not do so for a six year old.
This sends a message to families that early education is not
important. In 1998, AAESP passed a resolution supporting early
childhood education and mandatory kindergarten in Alaska. AAESP
feels that in light of research on brain growth and development,
and longitudinal studies on early education experiences, this is a
desirable goal. SB 41, by Senator Davis, addresses that concern.
She commended Senators Therriault and Davis for their efforts.
MR. DAVID PFRIMMER, principal of North Pole Elementary School, gave
the following example of the problem, one student missed 75 days of
kindergarten and then 45 or 50 days of first grade. The school
district attempted to withdraw the child but was unable to because
the child was not 7. The child missed 40 days the following year
and at that time the district was able to take the case to court.
With the new truancy law and DFYS intervention, the district was
able to get the child back to school. By that time, the child was
far behind academically, socially, and emotionally. He has met
children who started school at age 7 who are one to two years
behind the rest of their age group and must attend kindergarten.
He noted that students can begin school in first grade but
kindergarten has become more academic so first grade can be
difficult without it.
MS. OSSIANDER, Anchorage School Board, stated support for SB 11.
Education research shows the benefit of early education and more
parents are asking for a full-day kindergarten. She noted with the
new move toward accountability of schools, grade 3 is a benchmark
grade. Children who begin school at age 7 will have a lot of
catching up to do. Children are expected to be reading at the end
of first grade.
Number 2083
MR. VERNON MARSHALL, Executive Director of NEA-Alaska, said NEA
supports SB 11 for many of the reasons stated. NEA believes it is
critical that children receive educational instruction before age 7
because they will be expected to have reached a proficient level of
reading, writing and math for the third grade benchmark exam. He
agrees that most six year olds are in first grade programs - SB 11
will establish compulsory attendance at age six. That
standardization makes good educational sense. He thought most home
school parents are attempting to educate their children at age six
anyway.
CHAIR GREEN asked if state law addresses truancy.
MR. MARSHALL replied there is compulsory attendance by law for ages
7 to 16 and some would argue that allows for enforcement but Alaska
does not have aggressive truancy laws. In general, the school year
is 180 to 185 days but there is no minimum number of days of
attendance for children.
CHAIR GREEN asked if other states mandate the number of days of
attendance.
MR. MARSHALL said some states do.
CHAIR GREEN said they must have exemptions.
MR. MARSHALL said those laws are very similar to Alaska's law.
Number 1950
SENATOR LEMAN asked Mr. Marshall to expand on his statement that
most home school parents are attempting to educate their children.
He asked if Mr. Marshall believes the same is true of the teachers
in the NEA or whether he believes they are actually educating them.
MR. MARSHALL said one has to make the attempt to educate and
everyone is doing that. Home school parents have the same goal.
Sometimes those attempts are successful, sometimes they are not.
SENATOR LEMAN questioned whether Mr. Marshall was being pejorative
about home schooling.
MR. MARSHALL clarified that he should have said "an aggressive
attempt." NEA wants students to succeed and will make the attempt
to get them over the bars that are now in place.
SENATOR LEMAN said he believes that most parents feel the same way
about their children.
SENATOR WARD asked if NEA has a list of the age requirements for
school attendance in the other states.
MR. MARSHALL said he could provide that information.
Number 1827
MR. DARROL HARGRAVES, Executive Director of the Alaska Council of
School Administrators, said the Council agrees with most of the
arguments made in favor of SB 11 today. He feels the compulsory
age should be lowered to age 6 because many states have detected
that early education is important. He cautioned that an evaluation
process be put in place to consider exceptional children. School
districts have evaluation processes in place to examine children
emotionally, intellectually, physically, and socially to determine
whether a child is ready for kindergarten. Some children may not
be able to handle all of the information they are expected to learn
by grade 3. He maintained that Alaska's compulsory attendance laws
do not have the teeth in them to make them meaningful. In
organized areas, districts can ask the police for assistance, but
many children in Alaska are truant. Compulsory attendance means
that a district has a policy, but districts are unable to get help
from the state troopers because they are too busy.
SENATOR WARD asked if the states with a lower age requirement have
a mandatory kindergarten provision.
MR. HARGRAVES said some states made changes in the 1960s and 1970s
based on research that showed that children are maturing faster.
Research on brain development has improved. That is the argument
he has heard other states make.
SENATOR WARD asked if those states also mandate kindergarten.
MR. HARGRAVES said he was not certain. He said that most states
encourage kindergarten attendance.
Number 1620
MR. EDDY JEANS, school finance manager of DOEED, pointed out that
AS 14.30.030 says the governing body of a school district,
including an REAA, shall establish procedures to prevent and reduce
truancy. Therefore each school district must set its own policy
and procedures. He believes the compulsory education law has 12
exemptions so any parent who wants to keep a child out of school
will find a way. He felt Senator Therriault's concern is valid.
DOEED funds the students who are enrolled.
CHAIR GREEN said she is unresolved on this issue. She pointed out
that when SB 98 was before the legislature in 1995-1996, the
legislature attempted to tie school attendance to public assistance
but it could not be done. She asked Senator Therriault to work
with Senator Leman on a resolution to the problem and announced
that SB 11 will be held over. She announced that the committee
will hear SB 40 and SB 64 on Wednesday and it will take up the exit
exam the following week. She then adjourned the meeting at 3:15
p.m.
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