Legislature(2001 - 2002)

03/20/2002 08:25 AM House ARR

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
                       JOINT COMMITTEE ON                                                                                     
                ADMINISTRATIVE REGULATION REVIEW                                                                              
                         March 20, 2002                                                                                         
                           8:25 a.m.                                                                                            
                                                                                                                                
                                                                                                                                
HOUSE MEMBERS PRESENT                                                                                                         
                                                                                                                                
Representative Lesil McGuire, Chair                                                                                             
Representative Jeannette James                                                                                                  
Representative Joe Hayes                                                                                                        
                                                                                                                                
HOUSE MEMBERS ABSENT                                                                                                          
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
SENATE MEMBERS PRESENT                                                                                                        
                                                                                                                                
Senator Lyda Green                                                                                                              
                                                                                                                                
SENATE MEMBERS ABSENT                                                                                                         
                                                                                                                                
Senator Robin Taylor, Vice Chair                                                                                                
Senator Georgianna Lincoln                                                                                                      
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Regulation   Changes   for   Special   (Correspondence)   Schools                                                               
Continued                                                                                                                       
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DR. ED McLAIN, Deputy Commissioner of Education,                                                                                
Department of Education and Early Development                                                                                   
801 West Tenth Street, Suite 320                                                                                                
Juneau, Alaska  99801-1894                                                                                                      
POSITION STATEMENT:  Announced that there are [new revised]                                                                     
regulations.                                                                                                                    
                                                                                                                                
CAROL SIMPSON, Administrative Assistant                                                                                         
Interior Distance Education of Alaska                                                                                           
43335 Kalifornsky Beach Rd., Suite 31                                                                                           
Soldotna, AK 99669                                                                                                              
POSITION STATEMENT:  Testified in support of the [new revised]                                                                  
proposed regulations.                                                                                                           
                                                                                                                                
JIM FOSTER, Assistant Superintendent                                                                                            
Galena City Schools                                                                                                             
PO Box 299                                                                                                                      
Galena, Alaska  99741-0299                                                                                                      
POSITION STATEMENT:  Testified in support of the new revised                                                                    
proposed regulations.                                                                                                           
                                                                                                                                
JOAN DANGELI, Home School parent                                                                                                
PO Box 34711                                                                                                                    
Juneau, Alaska 99803                                                                                                            
POSITION STATEMENT:  Expressed the need for the parents to                                                                      
remain involved in the discussion of these regulations.                                                                         
                                                                                                                                
BEN PHILLIPS, IDEA parent                                                                                                       
PO Box 2157                                                                                                                     
Petersburg, Alaska 99833                                                                                                        
POSITION STATEMENT:  Expressed concerns.                                                                                        
                                                                                                                                
CHRISTIE AXMAKER IDEA parent                                                                                                    
PO Box 215                                                                                                                      
Petersburg, Alaska 99833                                                                                                        
POSITION STATEMENT:  Expressed concerns.                                                                                        
                                                                                                                                
J ROLLINS, Connections parent                                                                                                   
PO Box 1491                                                                                                                     
Seward, Alaska 99664                                                                                                            
POSITION STATEMENT:  Expressed concerns.                                                                                        
                                                                                                                                
JEFF SMARDO, CyberLynx                                                                                                          
45112 E Sunrise Court                                                                                                           
Kenai, Alaska 99611                                                                                                             
POSITION STATEMENT:  Expressed concerns.                                                                                        
                                                                                                                                
GLEN BIEGEL, IDEA parent                                                                                                        
5951 Barry Avenue                                                                                                               
Anchorage, Alaska 99507                                                                                                         
POSITION STATEMENT:  Expressed concerns.                                                                                        
                                                                                                                                
DIANE HILL, IDEA parent                                                                                                         
5670 Cope Street                                                                                                                
Anchorage, Alaska 99518                                                                                                         
POSITION STATEMENT:  Expressed concern with the parents being                                                                   
portrayed as the bad guy.                                                                                                       
                                                                                                                                
LINDA WAMSGANZ, IDEA parent                                                                                                     
10731 Concord Hill Circle                                                                                                       
Anchorage, Alaska 99515                                                                                                         
POSITION  STATEMENT:   Testified  in opposition  to any  proposed                                                               
regulations.                                                                                                                    
                                                                                                                                
HEIDI M. ARMSTRONG, PACE parent                                                                                                 
P.O. Box 2312                                                                                                                   
Wrangell, Alaska 99929                                                                                                          
POSITION  STATEMENT:    Questioned whether  the  regulations  are                                                               
motivated from fear.                                                                                                            
                                                                                                                                
LYNETTE SCHMIDT, IDEA parent                                                                                                    
PO Box 368                                                                                                                      
Nome, Alaska 99762                                                                                                              
POSITION  STATEMENT:    Testified  that  there  is  no  need  for                                                               
regulations.                                                                                                                    
                                                                                                                                
LOUISE PARISH                                                                                                                   
Parent Advocates Volunteering as Educational Rights Servants                                                                    
PO Box 1182                                                                                                                     
Valdez, Alaska 99686                                                                                                            
POSITION  STATEMENT:   Expressed concern  with special  education                                                               
children  being  forced  into   home  schools  or  correspondence                                                               
schools.                                                                                                                        
                                                                                                                                
DAN MIELKE                                                                                                                      
HC30 Box 12910                                                                                                                  
Wasilla, Alaska 99654                                                                                                           
POSITION STATEMENT:   Addressed  some of  the concerns  with home                                                               
schools  and  correspondence  schools  raised at  the  March  1st                                                               
meeting.                                                                                                                        
                                                                                                                                
MICHAEL DAMMEYER                                                                                                                
3351 Lucille Street                                                                                                             
Wasilla, Alaska 99657                                                                                                           
POSITION STATEMENT:  Expressed the  need for choices [with regard                                                               
to education].                                                                                                                  
                                                                                                                                
SHIRELY HEIN, IDEA parent                                                                                                       
HC33 Box 2988-B                                                                                                                 
Wasilla, Alaska 99654                                                                                                           
POSITION  STATEMENT:    Expressed  concern  with  regard  to  the                                                               
restrictions in the regulations.                                                                                                
                                                                                                                                
ARTHUR E GRISWOLD, CyberLynx parent                                                                                             
HC 60 Box 4493                                                                                                                  
Delta Junction, Alaska 99737                                                                                                    
POSITION STATEMENT:  Urged the passage of HB 464 and SB 364.                                                                    
                                                                                                                                
RUSS BOWDRE                                                                                                                     
PO Box 1048                                                                                                                     
Delta Junction, Alaska 99737                                                                                                    
POSITION STATEMENT:   Encouraged  the sponsors of  HB 464  and SB
364 to continue to pursue their legislation.                                                                                    
                                                                                                                                
RUTH ABBOTT                                                                                                                     
HC 60 Box 4225                                                                                                                  
Delta Junction, Alaska 99737                                                                                                    
POSITION STATEMENT:  Urged the passage of HB 464 and SB 364.                                                                    
                                                                                                                                
MARCELA JAVIER                                                                                                                  
(No address provided)                                                                                                           
POSITION STATEMENT:   Expressed that she was  thrilled things are                                                               
working out with the regulations.                                                                                               
                                                                                                                                
PAT CHAPMAN, IDEA parent                                                                                                        
Ketchikan Home School Association                                                                                               
PO Box 7674                                                                                                                     
Ketchikan, Alaska 99901                                                                                                         
POSITION  STATEMENT:    Emphasized  that parents  have  a  vested                                                               
interest in the education of their children.                                                                                    
                                                                                                                                
JOHANNA HUBARD, PACE parent                                                                                                     
PO Box 7643                                                                                                                     
Ketchikan, Alaska 99901                                                                                                         
POSITION  STATEMENT:     Noted   agreement  with   Ms.  Chapman's                                                               
testimony.                                                                                                                      
                                                                                                                                
BARBARA HANNEY MARTINEZ, IDEA parent                                                                                            
3875 Geist Rd. PMB 164                                                                                                          
Fairbanks, Alaska 99709                                                                                                         
POSITION STATEMENT:   Testified that  she was pleased there  is a                                                               
consensus, but reserved  her opinion as to  whether she supported                                                               
it.                                                                                                                             
                                                                                                                                
SHARYLEE ZACHARY                                                                                                                
PO Box 1531                                                                                                                     
Petersburg, Alaska 99833                                                                                                        
POSITION STATEMENT:   Noted  her appreciation  of the  work being                                                               
done with the regulations.                                                                                                      
                                                                                                                                
SHERYL SUTTON, Connections parent                                                                                               
                                                                                                                                
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:   Spoke about the commitment  made by parents                                                               
who home school.                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-3, SIDE A                                                                                                               
Number 001                                                                                                                      
                                                                                                                                
CHAIR LESIL McGUIRE called the  Joint Committee on Administrative                                                               
Regulation Review to order at  8:25 a.m.  Representatives McGuire                                                               
and James  and Senator Green were  present at the call  to order.                                                               
Representative Hayes arrived as the meeting was in progress.                                                                    
                                                                                                                                
REGULATION CHANGES FOR SPECIAL (CORRESPONDENCE) SCHOOLS                                                                       
                                                                                                                                
CHAIR McGUIRE  announced that today the  committee would continue                                                               
its hearing from March 1,  2002, regarding the regulation changes                                                               
for correspondence  schools.  She related  her understanding that                                                               
there have been changes to the proposed regulations.                                                                            
                                                                                                                                
Number 0092                                                                                                                     
                                                                                                                                
DR. ED  McLAIN, Deputy Commissioner  of Education,  Department of                                                               
Education and  Early Development (EED), announced  that he didn't                                                               
intend  to review  the details  of  the changes  to the  proposed                                                               
regulations.   Dr. McLain  reviewed the history  that led  to the                                                               
proposed  regulations.   Dr. McLain  noted  that the  regulations                                                               
were  put  out  for  public  comment  in  November  in  order  to                                                               
accomplish  the  widest  exposure  possible, which  he  felt  was                                                               
achieved.   Dr. McLain noted that  there are a series  of amended                                                               
regulations that will be put  out [for public comment], and there                                                               
is  a proposal  to extend  [the public  comment period  for those                                                               
changes].    Dr. McLain  said  that  he  was confident  that  the                                                               
proposed extended  public comment period  would be approved.   In                                                               
the April  meeting in the next  couple of weeks, there  will be a                                                               
side-by-side comparison  which specifies  where the  changes will                                                               
occur.  He thanked everyone that has been involved with this.                                                                   
                                                                                                                                
Number 0340                                                                                                                     
                                                                                                                                
CAROL  SIMPSON,   Administrative  Assistant,   Interior  Distance                                                               
Education of  Alaska (IDEA), informed  the committee that  she is                                                               
also  a  home  schooling  parent.   In  regard  to  the  original                                                               
regulations, Ms.  Simpson said  that IDEA  had concerns  with the                                                               
following:   the requirement of an  annual application regardless                                                               
of the success of the program;  the denial of a parent's right to                                                               
privately  purchase materials  with  a  religious component;  the                                                               
requirement  of  a  transcript  designation  of  coursework  when                                                               
anything other  than traditional  public school texts  were used;                                                               
the  mandated  level  and  type   of  contact  teachers  support,                                                               
including  monthly review  of work  and teacher  approval of  all                                                               
expenditures;  the mandate  to withdraw  any  student who  didn't                                                               
take  the standardized  test; and  the mandate  to shut  down any                                                               
program with  test-participation rates  not within 10  percent of                                                               
the state  average.  Ms.  Simpson said  that EED has  listened to                                                               
the concerns,  and has  responded.   She said  that she  has seen                                                               
some of  the wording [of  the new revised regulations]  and found                                                               
that all  of [IDEA's] concerns  have been addressed.   Therefore,                                                               
IDEA  is  supportive  of  those regulations  and  she  noted  her                                                               
expectation  that   parents  will  accept  them.     Ms.  Simpson                                                               
expressed appreciation  to the committee,  to Senators  Green and                                                               
Leman for  their input on SB  346, as well as  to Representatives                                                               
James and Dyson for their work on HB 464.                                                                                       
                                                                                                                                
Number 05450                                                                                                                    
                                                                                                                                
JIM   FOSTER,  Assistant   Superintendent,  Galena   City  School                                                               
District,  thanked the  committee for  its efforts.   Mr.  Foster                                                               
also expressed  thanks to Commissioner Holloway,  Dr. McLain, and                                                               
Mr. Hall  for bringing  the issue  of quality  in schools  to the                                                               
forefront.   Mr.  Foster also  expressed  appreciation for  being                                                               
allowed  to provide  input in  regard  to the  regulations.   Mr.                                                               
Foster announced his support of the new revised regulations.                                                                    
                                                                                                                                
REPRESENTATIVE  HAYES inquired  as  to whether  the [new  revised                                                               
regulations] negate the need for [SB 346 and HB 464].                                                                           
                                                                                                                                
MR.  FOSTER  pointed  out  that  in  April  the  State  Board  of                                                               
Education has the  opportunity to deal with the  regulations.  At                                                               
this point,  Mr. Foster said that  he is confident that  he would                                                               
be able  to work with  the board.   However, there is  always the                                                               
chance that the  regulations could run astray.   Still, a process                                                               
has  begun  with the  board,  the  commissioner, and  the  deputy                                                               
commissioner   and  it   should  be   honored.     From  Galena's                                                               
perspective, the bills aren't necessary.                                                                                        
                                                                                                                                
Number 0841                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES  thanked Mr.  Foster for  his work  with the                                                               
Galena School District.  Representative  James related her belief                                                               
that over  the years  the public  education system  hasn't worked                                                               
for some  children, and therefore  there is  the need to  be more                                                               
reactive to  the various needs  of students.  She  didn't believe                                                               
President George  W. Bush's charge  that no child be  left behind                                                               
would be  achieved by  merely throwing more  money at  the public                                                               
education  system.   Therefore, work  must continue  in order  to                                                               
ensure that  every child receives  an education.   Representative                                                               
James said she believes that  the establishment of the exit exams                                                               
and the benchmark exams will be  the "proof in the pudding."  She                                                               
expressed  the  need  to  ensure   that  every  child  gets  that                                                               
evaluation.   How  that  is achieved,  she  supposed, is  through                                                               
several methodologies.   For instance, if a child  can't take the                                                               
test on the day it is  [scheduled], it seems that the child could                                                               
still take  the test  [later] regardless  of whether  it counted.                                                               
Allowing the  child to  take the test  [later] would  provide the                                                               
knowledge  as  to  whether  the   child  was  able  to  pass  it.                                                               
Representative  James  indicated  concern   with  regard  to  the                                                               
[public  education system's]  past of  changing curriculum.   She                                                               
remarked, "I  think there  is a  progression that  we have  to do                                                               
with education to  be sure that every kid  has that opportunity."                                                               
In  that  vein,  Representative  James  thanked  Mr.  Foster  for                                                               
providing  an alternative  methodology.    Furthermore, she  felt                                                               
that Mr. Foster would continue to improve the system.                                                                           
                                                                                                                                
MR. FOSTER  noted his  agreement with  Representative James.   He                                                               
related his [appreciation] that this  problem is being dealt with                                                               
through the  regulatory process  versus the  legislative process.                                                               
Mr.  Foster pointed  out  that  Alaska will  be  faced with  ESEA                                                               
(Elementary  and Secondary  Education  Act) [of  2001], which  is                                                               
almost 1,100  pages long.   He  indicated the  need for  those in                                                               
[public] education to focus on the  areas that can be approved in                                                               
order to help each child do the best possible.                                                                                  
                                                                                                                                
REPRESENTATIVE JAMES agreed with Mr.  Foster that there have been                                                               
some large  steps [forward]; however,  we're not there yet.   She                                                               
announced that she is willing to hold  back on HB 464 in order to                                                               
review the  regulations in April.   She expressed  the importance                                                               
of getting  everyone to think  in the same direction,  toward the                                                               
same goal.   She noted  her appreciation of the  committee taking                                                               
up this issue, as well as the assistance from EED.                                                                              
                                                                                                                                
CHAIR McGUIRE announced that there  has been a "casual" agreement                                                               
between Dr. McLain, Ms. Simpson,  and Mr. Foster.  Although there                                                               
is  no  public  document  available   now,  the  State  Board  of                                                               
Education will meet on April  4th during which the proposals will                                                               
be  discussed.     Chair  McGuire  assured   everyone  that  this                                                               
committee will  continue to monitor  the agreement that  has been                                                               
worked out.                                                                                                                     
                                                                                                                                
Number 1445                                                                                                                     
                                                                                                                                
ADRIAN SLATER,  Home School parent,  informed the  committee that                                                               
he has home  schooled his three children for ten  years.  He also                                                               
informed the committee  that he has [operated] as  a private home                                                               
school,  and as  a  member  of the  Alyeska  Central School,  the                                                               
Juneau  School District  Correspondence Program,  and IDEA.   Mr.                                                               
Slater noted  that one of  his children attends a  public school.                                                               
Knowing  that  some of  the  concerns  have been  addressed,  Mr.                                                               
Slater said  that he  wanted to  go on  record as  supporting the                                                               
IDEA program,  which has  clear standards  and good  academic and                                                               
financial  accountability, and  also provides  excellent support.                                                               
Therefore, Mr.  Slater requested that  [the IDEA program]  not be                                                               
overloaded  with  regulations  to  the  point  of  hampering  the                                                               
program.                                                                                                                        
                                                                                                                                
MR. SLATER  turned to the  reference to certified  teachers under                                                               
the current  proposed regulations.   Although he  understood [the                                                               
rationale behind] using certified  teachers in order to guarantee                                                               
a certain  standard, he didn't  believe it to be  the appropriate                                                               
approach.    The  regulations  specify  that  certified  teachers                                                               
should  monitor work,  assign  grades,  review curricula,  review                                                               
learning programs,  and approve all  expenditures.  He  felt that                                                               
using  specialists,  as does  the  IDEA  program, to  review  the                                                               
curriculum  and [expenditures]  is appropriate.   Those  types of                                                               
things  don't need  to be  done by  a certified  teacher; someone                                                               
could  be  trained to  do  those  things.   However,  the  school                                                               
district could be responsible for determining how it's done.                                                                    
                                                                                                                                
Number 1790                                                                                                                     
                                                                                                                                
JOAN  DANGELI, Home  School parent,  informed the  committee that                                                               
she uses the CyberLynx program.   Ms. Dangeli said that she hoped                                                               
that  parents would  be allowed  to be  involved in  the process.                                                               
[In  regard to  the  current proposed  regulations,] Ms.  Dangeli                                                               
said that  the regulations  seem to have  a lot  of subjectivity.                                                               
Furthermore, in  a couple of  instances the regulations  may even                                                               
violate  the  constitutional  rights to  education  because  some                                                               
communities don't even  have a school.   Therefore, she predicted                                                               
that  [the  students  in  those   communities]  would  herd  into                                                               
distance  education.   She characterized  the regulation,  14 AAC                                                               
33.450,  stating  that  those  not   taking  the  state  mandated                                                               
[assessment] test  [would be ineligible  for enrollment  into any                                                               
other statewide  correspondence program] to be  tantamount to not                                                               
allowing  those  students  an education.    Mr.  Dangeli  related                                                               
comments from Senator Wilken that  "our" test scores for the High                                                               
School  exit  exam were  terrible.    She further  reported  that                                                               
Senator  Wilken said  that "we  folks" meant  well, but  that not                                                               
even  one child  could slip  through the  system.   However, upon                                                               
review  of  all the  exit  exam  [scores],  the scores  were  bad                                                               
statewide.  She expressed   her belief that it's unconstitutional                                                               
to deny enrollment.                                                                                                             
                                                                                                                                
MS. DANGELI  informed the committee  that she [knows  of] several                                                               
cases in which the correspondence  schools have been subjected to                                                               
rigid  laws under  the notion  that bad  schools can  be created.                                                               
However, that isn't the case.   Rather, students are flooding out                                                               
of the  public system  because "we"  don't have  a voice  in that                                                               
system, a system which is monopolized  by a select few in control                                                               
of education.   She informed  the committee  that when she  had a                                                               
problem  [in  the public  education  system]  she worked  up  the                                                               
ladder of that  system for three-and-a-half years.   She stressed                                                               
that her  child is eight years  old and two years  behind because                                                               
one child was  left behind.  After  those three-and-a-half years,                                                               
Ms. Dangeli took  her child, who was still at  a preschool level,                                                               
out  of   the  public   school.     Ms.  Dangeli   expressed  her                                                               
appreciation  for   the  correspondence  school   program,  which                                                               
provides  the freedom  to choose  a curriculum  that works  for a                                                               
particular child while achieving the  benchmark.  This freedom is                                                               
the very thing  under attack by the department.   She pointed out                                                               
that the Alyeska  [Central School] and the  Chugach [High School]                                                               
are forced into  a specific correspondence package.   Ms. Dangeli                                                               
related her  belief that [these  proposed regulations] are  a way                                                               
in which  to force [those  in the] correspondence schools  into a                                                               
system  that doesn't  work.    By doing  so,  children are  being                                                               
cheated, she charged.                                                                                                           
                                                                                                                                
CHAIR McGUIRE  thanked Ms. Dangeli  for her work with  her child.                                                               
She reiterated  her assurance that  this committee  will continue                                                               
to monitor the negotiations between EED and everyone else.                                                                      
                                                                                                                                
MS. DANGELI  announced that  she had copies  of the  [results] of                                                               
the benchmark exams  and the related Juneau Empire  article.  She                                                             
noted that she only printed  the [results] for those schools with                                                               
the highest dropout  rates, except for Galena  and Nenana because                                                               
those schools are being targeted by EED.                                                                                        
                                                                                                                                
Number 2106                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES thanked  Ms.  Dangeli  for coming  forward.                                                               
She noted that  she has known Ms. Dangeli for  many years and can                                                               
see a  great difference in  her child.   She thanked  Ms. Dangeli                                                               
for her hard work as a dedicated mother.                                                                                        
                                                                                                                                
MS. DANGELI commented  that she had nothing but  praise for those                                                               
willing  to review  [this  issue].   Ms.  Dangeli  said that  she                                                               
didn't  want  Alaska  to become  like  Pennsylvania  or  Chugach,                                                               
Alaska.                                                                                                                         
                                                                                                                                
Number 2165                                                                                                                     
                                                                                                                                
BEN   PHILLIPS,  IDEA   parent,  testified   via  teleconference.                                                               
Although  Mr.  Phillips  was  happy that  everyone  seems  to  be                                                               
getting along, he  still had concerns.   Mr. Phillips highlighted                                                               
his main concern in regard  to religious materials that are being                                                               
used  by a  parent in  the privacy  of their  own home.   He  was                                                               
concerned that  there is  even an  attempt to  control that.   He                                                               
didn't believe  such is constitutional.   Furthermore,  this same                                                               
statute,  AS 14.03.090,  is  basically put  aside  in Bethel  and                                                               
Barrow  when it  comes to  Native spiritualistic  religion.   Mr.                                                               
Phillips  stated  that  he  won't   allow  the  [State  Board  of                                                               
Education] to tell him what he  can teach his own children in his                                                               
own house.  As long as  the children pass the state test, receive                                                               
a good  education, and the  [state] money isn't used  to purchase                                                               
materials that are religious, he  didn't believe [the department]                                                               
could tell him [what he could teach his children].                                                                              
                                                                                                                                
Number 2282                                                                                                                     
                                                                                                                                
CHRISTIE  AXMAKER, IDEA  parent,  testifying via  teleconference,                                                               
echoed  the same  concern  as  Mr. Phillips  in  regard to  using                                                               
religious  materials.   She said  that  the state  exams are  the                                                               
proof of  how the children are  doing.  Although Ms.  Axmaker was                                                               
happy that there has been an  agreement, she said that she really                                                               
couldn't  comment without  seeing the  agreement.   She mentioned                                                               
that like Ms. Dangeli she had  a problem with almost every single                                                               
regulation and  thus she  hoped [all  the regulations]  have been                                                               
revised.                                                                                                                        
                                                                                                                                
CHAIR McGUIRE explained that this is  a bit of an unusual process                                                               
because people  have worked  out agreements,  but because  of the                                                               
public notice process there is no document available yet.                                                                       
                                                                                                                                
SENATOR GREEN inquired  as to when the  [new revised] regulations                                                               
will be available.                                                                                                              
                                                                                                                                
DR. McLAIN informed everyone that  the board meeting is scheduled                                                               
for  April  4-6 and  the  [regulations]  are generally  out  [for                                                               
public  review]   a  week  ahead   of  time.     Therefore,  this                                                               
information would be  available in about a week.   He assured the                                                               
committee  that the  information would  be provided  to committee                                                               
members as quickly as possible.                                                                                                 
                                                                                                                                
Number 2445                                                                                                                     
                                                                                                                                
J  ROLLINS,  Connections  parent, testified  via  teleconference.                                                               
Mr.  Rollins  said  that  he   had  concerns  with  the  proposed                                                               
regulations.     He  related  that   many  public   schools  have                                                               
implemented home  school programs  in order to  stem the  tide of                                                               
folks going to the IDEA program.   He opined that the Connections                                                               
program exists  due to the success  of Galena.  Mr.  Rollins also                                                               
echoed  concerns  regarding  these  regulations and  the  use  of                                                               
religious materials during the home  school process.  Mr. Rollins                                                               
expressed his concern  with the general tone  of the regulations,                                                               
which seem to indicate an attitude of distrust.                                                                                 
                                                                                                                                
Number 2558                                                                                                                     
                                                                                                                                
JEFF SMARDO,  CyberLynx, testified via teleconference.   Although                                                               
Mr. Smardo  said he  has had a  great experience  with CyberLynx,                                                               
things seem  to become a  bit more regulated  each year.   As Mr.                                                               
Smardo  read   the  regulations,   there  is  no   language  that                                                               
recognizes  the   institution  of  the  family   or  the  parent.                                                               
Furthermore,  the tone  of the  regulations indicate  that public                                                               
school  is  superior  and if  [these  home  school/correspondence                                                               
school] programs don't  work, then the children  will be returned                                                               
to the  public school system.   He said that he  definitely had a                                                               
problem  with that  tone.   Mr. Smardo  interpreted the  issue of                                                               
local control in  the regulations to phase  out the long-distance                                                               
correspondence   programs.     Perhaps  that   point  [might   be                                                               
addressed]  in the  agreement.   He  concluded  by informing  the                                                               
committee that  other states  are looking to  Alaska in  order to                                                               
see what will happen.                                                                                                           
                                                                                                                                
Number 2707                                                                                                                     
                                                                                                                                
GLEN  BIEGEL,  IDEA parent,  testified  via  teleconference.   He                                                               
informed  the committee  that he  is also  on the  board for  the                                                               
Alaska Charter  School Association  and Alaskans  for Educational                                                               
Choice.   Mr.  Biegel expressed  the need  for the  90-day public                                                               
comment [period] for regulations to begin on April 4.                                                                           
                                                                                                                                
DR. McLAIN said  that his recommendation will be  for the longest                                                               
period  for  public comment,  as  was  the  case with  the  first                                                               
regulations.   However,  he  couldn't provide  exact  dates.   He                                                               
explained that  the next  board meeting after  April 4th  is some                                                               
time in June.  Therefore,  the [public comment period] would have                                                               
to close  in enough time to  consolidate the comments.   "It will                                                               
be ..., literally, as long as  it takes," he stated.  In summary,                                                               
Dr.  McLain specified  that the  public comment  period would  be                                                               
extended at least until June, two  to three weeks before the June                                                               
meeting.                                                                                                                        
                                                                                                                                
MR.  BIEGEL  continued with  his  testimony,  and turned  to  the                                                               
statistics     regarding     the      performance     of     home                                                               
schools/correspondence schools  that have  been referenced.   Mr.                                                               
Biegel  said he  would  like  for the  legislature  to not  treat                                                               
correspondence  schools as  alternative schools.   Correspondence                                                               
schools shouldn't  be treated any  different than  other schools.                                                               
He then turned  to the math variation, which  he characterized as                                                               
a  significant  statistical variation.    He  noted that  he  had                                                               
provided  the committee  with a  statistical review  that he  had                                                               
done.    In  that  statistical review,  CyberLynx  and  IDEA  are                                                               
compared  to  a  high  performing   Anchorage  school,  a  middle                                                               
performing Anchorage  school, and  a Bush  school.   Through this                                                               
review, Mr.  Biegel discovered  that the  statistical comparisons                                                               
made  by   EED  aren't  mathematically  valid.     A  statistical                                                               
comparison can't be  made on a 5 percent sampling.   For example,                                                               
Service High  School should be  closed because its  students fall                                                               
below the state average in reading  and writing.  If one believes                                                               
that, then one hasn't reviewed  the scores historically.  Another                                                               
example,  Bethel didn't  report a  reading or  writing score  but                                                               
reported  the  highest math  score  in  the  state.   Mr.  Biegel                                                               
questioned how such  was possible.  He charged  that one couldn't                                                               
generate a statistically valid average  from scores like that and                                                               
thus  one couldn't  make the  assessment that  the correspondence                                                               
schools  are  performing  better  or worse  on  the  high  school                                                               
qualifying  evaluation exams  than any  other schools.   However,                                                               
that judgment  can be made  in relation  to the CAT  exams, which                                                               
have  a valid  population backing  up  the numbers.   Mr.  Biegel                                                               
stated that  therein lies  the problem  with the  benchmark exams                                                               
that have  to do with  math; the numbers  don't track.   There is                                                               
such a  significant statistical  variation in  regard to  math on                                                               
the CAT exam versus the  benchmark exam.  Therefore, he suggested                                                               
that a professional [oversee] the math exams.                                                                                   
                                                                                                                                
TAPE 02-3, SIDE B                                                                                                               
                                                                                                                                
DIANE HILL, IDEA parent, testified  via teleconference.  Ms. Hill                                                               
expressed  her  dislike  [of   the  regulations]  portraying  the                                                               
parents as  the bad guy.   There is no  one who cares  more about                                                               
how her  children do  [in education] than  she does.   Therefore,                                                               
there should be more credit given to parents.                                                                                   
                                                                                                                                
Number 2881                                                                                                                     
                                                                                                                                
LINDA  WAMSGANZ, IDEA  parent,  testified  via teleconference  in                                                               
support of  the current programs.   She announced  her opposition                                                               
to  the proposed  regulations or  any further  regulations.   The                                                               
proposed regulations are  burdensome, unnecessary, and cumbersome                                                               
all of which results in a  lot of expense.  [The paperwork] takes                                                               
away from  the task  of home schooling  tomorrow's leaders.   Ms.                                                               
Wamsganz  didn't support  any of  the proposed  regulations [that                                                               
attempt] to fix something that isn't broken.                                                                                    
                                                                                                                                
Number 2796                                                                                                                     
                                                                                                                                
HEIDI   ARMSTRONG,   PACE   (Personal  Alternative   Choices   in                                                               
Education) parent,  testified via teleconference.   Ms. Armstrong                                                               
assured [the  committee] that  she is doing  her best  to educate                                                               
her  children.   She  questioned whether  these regulations  were                                                               
motivated from the fear that  home schooling parents aren't doing                                                               
their job.   She suggested that  there is a lack  of knowledge in                                                               
regard to  what really goes on  in a home school  situation.  Ms.                                                               
Armstrong turned  to the [problem]  with the  religious materials                                                               
and  requested clarification  on  that matter.    She noted  that                                                               
under the PACE  program she knows for which  curriculum the state                                                               
will pay.                                                                                                                       
                                                                                                                                
DR. McLAIN  explained that the new  regulations will specifically                                                               
state that nothing  under the regulations should  be construed to                                                               
restrict a  parent's right to  use whatever materials  the parent                                                               
wishes.                                                                                                                         
                                                                                                                                
CHAIR McGUIRE  added, "So  long as it's  purchased with  your own                                                               
private dollars."                                                                                                               
                                                                                                                                
MR.  ARMSTRONG reassured  the  committee  that reimbursement  [is                                                               
only] requested for approved materials.                                                                                         
                                                                                                                                
Number 2596                                                                                                                     
                                                                                                                                
LYNETTE SCHMIDT, IDEA parent, testified  via teleconference.  Ms.                                                               
Schmidt related  her frustration  that the regulations  have been                                                               
amended but aren't available for review.                                                                                        
                                                                                                                                
CHAIR  McGUIRE  interjected that  Ms.  Schmidt  should feel  good                                                               
[about the  amended regulations].  She  explained that oftentimes                                                               
parties  in the  capitol are  able to  make quick  resolutions to                                                               
problems.  She reiterated that  there will be an official version                                                               
of the regulations  in about a week.  Furthermore,  there will be                                                               
approximately  60 days  to comment  on  the revised  regulations.                                                               
She also  reiterated that the  committee will continue  to follow                                                               
this issue.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES  said,  as  a legislator,  she  shares  Ms.                                                               
Schmidt's concern.   However, what  has been helpful is  that Ms.                                                               
Simpson and  Mr. Foster have  said [the revised  regulations] are                                                               
[acceptable].                                                                                                                   
                                                                                                                                
MS. SCHMIDT continued by stressing  that she hesitated to offer a                                                               
blessing for something she hasn't  seen.  She concluded by saying                                                               
that  she didn't  see  the  need for  regulations  at  all.   She                                                               
characterized the regulations as micro-managing at its worst.                                                                   
                                                                                                                                
Number 2420                                                                                                                     
                                                                                                                                
LOUISE  PARISH,  Parent  Advocates  Volunteering  as  Educational                                                               
Rights  Servants (PAVERS),  testified  via  teleconference.   Ms.                                                               
Parish said that she is  especially concerned with those children                                                               
in special  education.  She  suggested that  sometimes discipline                                                               
issues may encourage or force  children to go into correspondence                                                               
schools as  an alternative educational  placement.   Although she                                                               
supported choice,  she felt it  was inappropriate for a  child to                                                               
be forced out  of the [public school] due to  a discipline issue.                                                               
Ms.  Parish said  that  there is  a need  for  regulations.   She                                                               
related that  Valdez recently had  an attendance policy  that has                                                               
led to many dropouts, some  of which may move into correspondence                                                               
programs.   She expressed  concern that  there may  be discipline                                                               
issues that unfairly sweep special  education children out of the                                                               
[public] system and  into a home school  or correspondence school                                                               
where  the child  no longer  has  the protection  of the  special                                                               
education laws.                                                                                                                 
                                                                                                                                
Number 2289                                                                                                                     
                                                                                                                                
DAN  MIELKE testified  via teleconference.   Mr.  Mielke recalled                                                               
the  March  1st  Joint  Committee  on  Administrative  Regulation                                                               
Review meeting  during which  Mr. Hall  informed everyone  of the                                                               
young  person who  had fallen  through  the cracks  of the  [home                                                               
school/correspondence school]  education system.   However,  as a                                                               
faculty  member at  the  University of  Alaska  - Anchorage,  Mr.                                                               
Mielke said that he has  seen many home school children attending                                                               
upper  level math  classes at  the university.   Mr.  Mielke also                                                               
recalled concern  with regard  to the parent  teacher ratio.   In                                                               
regard  to that  concern,  he  explained that  in  a home  school                                                               
situation the  parent is the  teacher and thus he  estimated that                                                               
the ratio is probably three  students to one teacher.  Therefore,                                                               
he  didn't  feel that  [a  high]  student to  official  certified                                                               
teacher ratio was of concern.                                                                                                   
                                                                                                                                
Number 2162                                                                                                                     
                                                                                                                                
MICHAEL DAMMEYER  recalled that  at the  March 1st  meeting there                                                               
was discussion  with regard to the  protection of out-of-district                                                               
students  because the  law  doesn't require  such  of the  school                                                               
board.   He  viewed  this as  funny  in light  of  the influx  of                                                               
students to  school districts  like Galena, which  he saw  as the                                                               
reason for the regulations.   Mr. Dammeyer didn't believe out-of-                                                               
district students needed protection, rather they need choices.                                                                  
                                                                                                                                
Number 2108                                                                                                                     
                                                                                                                                
SHIRELY HEIN,  IDEA parent, testified  via teleconference.    She                                                               
informed  the committee  that  she is  a  certified teacher  from                                                               
California.    She remarked  that  IDEA  has provided  a  healthy                                                               
framework for  her home school.   She expressed concern  that the                                                               
restrictions in the regulations  will restrict curriculum choices                                                               
and place another certified teacher  over her children.  She said                                                               
that she hoped  that the revised regulations  will address [those                                                               
restrictions].                                                                                                                  
                                                                                                                                
Number 2026                                                                                                                     
                                                                                                                                
ART  GRISWOLD, CyberLynx  parent,  testified via  teleconference.                                                               
Mr. Griswold emphasized that he didn't  trust EED to make a deal.                                                               
Therefore, he supported passing HB 464 and SB 346.                                                                              
                                                                                                                                
RUSS BOWDRE  testified via teleconference.   Mr.  Bowdre recalled                                                               
that during  the [March  1st hearing] Dr.  McLain said  that when                                                               
the  school board  reviews  the curriculum  [of  home schools  or                                                               
correspondence schools],  it isn't supposed to  review whether it                                                               
is  religious  or  not.   The  curriculum  review  should  review                                                               
whether the  subject is  being taught  correctly.   Therefore, he                                                               
expressed the  need to include  that in the  revised regulations.                                                               
Mr. Bowdre mentioned that he sits  on the local school board.  He                                                               
encouraged  the sponsors  of HB  464 and  SB 346  to continue  to                                                               
pursue their legislation.                                                                                                       
                                                                                                                                
Number 1867                                                                                                                     
                                                                                                                                
RUTH ABBOTT testified via teleconference.   She noted her support                                                               
for passage  of [HB 464 and  SB 346] pass as  a safeguard against                                                               
the possibility  of [these proposed regulations]  recurring.  Ms.                                                               
Abbott informed  the committee that  Delta Junction's  own school                                                               
superintendent has  said that parental involvement  is imperative                                                               
for  the  success of  all  school  students.   Therefore,  it  is                                                               
interesting that this discussion is even occurring.                                                                             
                                                                                                                                
Number 1815                                                                                                                     
                                                                                                                                
MARCELA  JAVIER testified  via teleconference.   Ms.  Javier said                                                               
that she  is thrilled to hear  that things are working  out.  Ms.                                                               
Javier reviewed her experience with  home schooling her children.                                                               
She thanked the  committee and the sponsors of HB  464 and SB 346                                                               
for bringing attention to the home school issue.                                                                                
                                                                                                                                
Number 1739                                                                                                                     
                                                                                                                                
PAT  CHAPMAN,  IDEA  parent;  Ketchikan  Homeschool  Association,                                                               
testified via  teleconference.  Ms. Chapman  reviewed her history                                                               
with teaching and opined that the  IDEA program is the best.  She                                                               
thanked the committee.   She noted that  the Ketchikan Homeschool                                                               
Association did  send a  set of  proposed regulations  to Senator                                                               
Taylor.  Ms. Chapman echoed  earlier statements that parents have                                                               
a vested interest  in their children's education,  and she didn't                                                               
want that  taken away.   Furthermore, she  didn't believe  that a                                                               
certified  teacher  would  have   more  vested  interest  in  her                                                               
children receiving  a good education  than she would.   Moreover,                                                               
she said she  believes that [home schools] educate  children on a                                                               
higher level  for less money than  do public schools.   In regard                                                               
to the  notion of  leaving no child  behind, Ms.  Chapman charged                                                               
that  many are  left behind  in the  public school  system.   Ms.                                                               
Chapman noted her  agreement with Mr. Biegel  that the statistics                                                               
that are being used are invalid.                                                                                                
                                                                                                                                
Number 1628                                                                                                                     
                                                                                                                                
JOHANNA HUBARD,  PACE parent, testified via  teleconference.  Ms.                                                               
Hubard noted  her agreement  with Ms. Chapman.   She  thanked the                                                               
committee for its work on this.                                                                                                 
                                                                                                                                
Number 1584                                                                                                                     
                                                                                                                                
BARBARA   HANNEY    MARTINEZ,   IDEA   parent,    testified   via                                                               
teleconference.  Ms.  Martinez said that she was  very upset with                                                               
the proposed regulations.  She  expressed surprise that the state                                                               
is  in a  fiscal crisis  and the  board is  proposing regulations                                                               
that  would  increase the  cost  of  education.   She  noted  her                                                               
overwhelming support of Mr. Biegel's  comments.  She informed the                                                               
committee that  when she  was an economist  in the  Department of                                                               
Economics at  the University of  Alaska - Fairbanks,  samples far                                                               
greater  than  5 percent  [were  required].    In regard  to  the                                                               
religious materials,  Ms. Martinez  highlighted that  children in                                                               
the  public schools  were required  to do  units on  religions in                                                               
their social studies class.   However, these regulations point to                                                               
a    problem   with    religious    materials    in   the    home                                                               
school/correspondence  school setting.   Ms.  Martinez said  that                                                               
she was  pleased that some  consensus has been  reached, although                                                               
she reserved her opinion on whether to support it.                                                                              
                                                                                                                                
Number 1414                                                                                                                     
                                                                                                                                
SHARYLEE  ZACHARY  testified  via teleconference.    Ms.  Zachary                                                               
noted  her appreciation  of the  hard work  being put  into these                                                               
regulations,    which    will    help    clarify    that    [home                                                               
schools/correspondence  schools] are  educating [children]  in an                                                               
effective way.   Ms.  Zachary related how  well her  daughter has                                                               
done with  home schooling.   Although Ms. Zachary  understood the                                                               
importance of  state testing,  she emphasized  the need  to track                                                               
children and not merely use one test  [as a means to know how the                                                               
children are doing].                                                                                                            
                                                                                                                                
Number 1266                                                                                                                     
                                                                                                                                
SHERYL SUTTON,  Connections parent,  informed the  committee that                                                               
on the news she heard a  report saying that teachers stand in the                                                               
stead of parents.  She strongly  disagreed with that notion.  Ms.                                                               
Sutton  noted that  she uses  a religious  based curriculum  that                                                               
isn't paid  for [by the  state].   She estimated that  she spends                                                               
$1,200-$1,500  a year  on books  and materials  for one  student.                                                               
Ms. Sutton  related her daughter's very  positive experience with                                                               
being  home schooled.    "Parents  who home  school  make a  huge                                                               
commitment; we  are making a  further investment in the  lives of                                                               
our children.  It's our  responsibility to make that investment,"                                                               
she said.                                                                                                                       
                                                                                                                                
CHAIR  McGUIRE reminded  everyone  that updates  can be  obtained                                                               
from EED via  the mail, 801 West 10th Street,  Suite 200, Juneau,                                                               
Alaska  99801,  or  its   website,  www.eed.state.ak.us,  or  her                                                               
office.  The  revised regulations should be available  in about a                                                               
week.    She also  reminded  everyone  that  the State  Board  of                                                               
Education would be meeting on April 4-6.                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the Joint                                                               
Committee  on   Administrative  Regulation  Review   meeting  was                                                               
adjourned at 10:00 a.m.                                                                                                         

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