Legislature(1995 - 1996)
03/23/1995 01:10 PM House CRA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE COMMUNITY AND REGIONAL AFFAIRS
STANDING COMMITTEE
March 23, 1995
1:10 p.m.
MEMBERS PRESENT
Representative Ivan Ivan, Co-Chair
Representative Austerman, Co-Chair
Representative Irene Nicholia
Representative Pete Kott
Representative Kim Elton
Representative Jerry Mackie
MEMBERS ABSENT
Representative Al Vezey
COMMITTEE CALENDAR
* HB 160: "An Act relating to a curriculum for Native language
education; and providing for an effective date."
PASSED OUT OF COMMITTEE
* HB 167: "An Act relating to educational programs for Alaska
Native languages, culture, and history, to teachers of
Alaska Native languages and culture and history, and to
Alaska Native Teachers."
PASSED OUT OF COMMITTEE
(* First public hearing)
WITNESS REGISTER
SHEILA PETERSON, Special Assistant to the Commissioner
Department of Education
801 West 10th Street, Suite 200
Juneau, AK 99801
Telephone: (907) 465-2803
POSITION STATEMENT: Testified in support of HB 160 and HB 167
CHRIS NIEMI, Teacher Certification Administrator
Administrative Services
Department of Education
801 West 10th Street, Suite 200
Juneau, AK 99801
Telephone: (907) 465-2831
POSITION STATEMENT: Testified in favor of HB 160 and HB 167
DEBORAH OSTENDORF, Legislative Secretary
to Representative Nicholia
Alaska State Legislature
State Capitol Building, Room 501
Juneau, Alaska 99811
POSITION STATEMENT: Commented on HB 167
PREVIOUS ACTION
BILL: HB 160
SHORT TITLE: NATIVE LANGUAGE EDUCATION
SPONSOR(S): REPRESENTATIVE(S) NICHOLIA, B.Davis, Ivan
JRN-DATE JRN-PG ACTION
02/08/95 271 (H) READ THE FIRST TIME - REFERRAL(S)
02/08/95 271 (H) CRA, HES, FIN
02/10/95 322 (H) COSPONSOR(S): B.DAVIS
03/20/95 825 (H) COSPONSOR(S): IVAN
03/23/95 (H) CRA AT 01:00 PM CAPITOL 124
BILL: HB 167
SHORT TITLE: AK NATIVE LANGUAGE & CULTURE PROGRAMS
SPONSOR(S): REPRESENTATIVE(S) NICHOLIA, B.Davis, Ivan
JRN-DATE JRN-PG ACTION
02/08/95 273 (H) READ THE FIRST TIME - REFERRAL(S)
02/08/95 273 (H) CRA, HES, FIN
02/10/95 322 (H) COSPONSOR(S): B.DAVIS
03/20/95 825 (H) COSPONSOR(S): IVAN
03/23/95 (H) CRA AT 01:00 PM CAPITOL 124
ACTION NARRATIVE
TAPE 95-10, SIDE A
Number 000
CO-CHAIR IVAN IVAN called the House Community and Regional Affairs
Committee to order at 1:10 p.m. He noted the members present were
Representatives Alan Austerman, Kim Elton and Irene Nicholia.
Absent were Representatives Jerry Mackie, Al Vezey and Pete Kott.
The day's agenda included HB 160 and HB 167, both sponsored by
Representative Irene Nicholia.
HCRA - 03/23/95
HB 160 - NATIVE LANGUAGE EDUCATION
CO-CHAIR IVAN invited Representative Nicholia to introduce HB 160
to the committee.
Number 017
REPRESENTATIVE IRENE NICHOLIA said the potential for a great
tragedy exists in our state. She said she is referring to the loss
of at least 15 of the 20 Native languages by the year 2055. Dr.
Michael Crowes, a professor of linguistics at the University of
Alaska Fairbanks, predicts short of a miracle or radical social
change that is precisely what will occur. HB 160 mandates that the
school district and the majority of Native students consider the
potential for establishing a Native language curriculum. This can
be accomplished by a local Native curriculum advisory committee
specially delegated the authority to review the need for such
curriculum. In those districts where it was determined that a
Native language curriculum might be useful, the committee would
make the appropriate recommendations to the district. The district
would then have the opportunity of accepting or rejecting the
recommendations of the committee. Under the authority of HB 160,
Native language curriculum would be taught by certified or trained
instructors. It also allows for the delivery of the language
instruction by existing satellite equipment or other technology
including computer programs and audio distance delivery. The
effective date for this bill is July 1, 1996.
REPRESENTATIVE NICHOLAI said unfortunately, the current step to
Native language stems from anti Native policies that have taken
place in our past. American missionaries and educators in an
attempt to assimilate Alaska Natives into the Western Anglo
religion, language and culture have brought Native language to the
point of extinction. Currently, there is a movement in this
country to begin recognizing and appreciating the cultural
diversity that exists among Americans. HB 160 would certainly be
a positive step towards suction and appreciation. The urgency of
this situation is evident. Without proper action, on the part of
the legislature, the state may continue to lose it's cultural held
heritage and diversity. It is incumbent upon the state to adopt
measures that would insure the preservation of our Native
languages. Representative Nicholia strongly urged the committee to
support this effort and pass HB 160.
Number 072
CO-CHAIR IVAN thanked Representative Nicholia for her sponsor
statement and asked if the committee had any questions or comments.
Number 075
CO-CHAIR ALAN AUSTERMAN appreciated the effort shown by
Representative Nicholia for bringing HB 160 forward. He stated
that the lack and loss of culture has been a concern of his for a
long time. He mentioned efforts on the part of the Natives in the
Kodiak district to get behind some of the Native summer programs
but their effort and intent diminished. He was concerned about the
cost of this bill's impact on the state of Alaska based on the
fiscal note he'd seen on March 15. He wanted to know how far
Representative Nicholia had gone with figuring out the cost of
implementing HB 160.
Number 100
CO-CHAIR IVAN stated that Sheila Peterson was present from the
Department of Education and could possibly answer Co-Chair
Austerman's question. He also noted the attendance of
Representatives Jerry Mackie and Pete Kott.
Number 108
REPRESENTATIVE JERRY MACKIE said that HB 160 was not a mandated
program but an optional one. This program asks for a local Native
language advisory council, of which Representative Mackie assumes
is made up of elders and others familiar with the Native languages
and cultures. This council would advise the school districts but
the final decision would be left up to the school districts to
decide whether or not they will implement the Native program as
part of their curriculum. His understanding of the zero fiscal
note is the program would also be left up to the school districts
to fund. Representative Mackie referred to bills, introduced a few
years back, regarding mandated Native language programs and the
opposition toward those bills.
Number 137
CO-CHAIR IVAN asked what currently prevented this bill from
becoming law, and what restrictions there were in the statutes.
Number 154
REPRESENTATIVE PETE KOTT recommended that the Department of
Education testify to answer the committee's questions.
Number 156
CO-CHAIR IVAN invited Sheila Peterson from the Department of
Education to come forward.
Number 161
SHEILA PETERSON, Special Assistant to the Commissioner, Department
of Education, stated that HB 160 establishes a mechanism to
encourage the teaching of the Native language. The Department of
Education highly values the current efforts in the local school
districts.
MS. PETERSON answered Co-Chair Ivan's question by stating that
about 20 school districts are currently teaching Native language in
some form meaning there were no restrictions against teaching the
language. The intent of HB 160 would be to make school districts
aware of the need to preserve the Native languages while involving
an advisory committee, the people of the community, and school
districts and encouraging them to form a partnership. She stated
that the Department of Education currently works closely with
school districts under bilingual multi-cultural aspects. The
department will continue to assist school districts with the
passage of HB 160 and the department will also encourage more
school districts to approach the Native language as teaching of a
language.
Number 193
REPRESENTATIVE KOTT asked about the correlation between being
proficient in the indigenous language and obtaining a higher degree
proficiency in English, referring to subsection (5), page 2 of the
bill. He asked if there was any data regarding this correlation
deeming it true.
Number 207
MS. PETERSON replied that she wasn't involved in the drafting of HB
160 but she thought the wording referred to a situation in which a
child is introduced to a second language, they would then have a
better understanding of their own language and be able to translate
that understanding into English.
Number 219
CO-CHAIR IVAN provided some insight into his own personal
background. Having come from a Native community, he couldn't use
his Native language in school, whereby he initiated sign language
to communicate with the teachers. Explanations of the English
topics were conveyed in the Native language and the instruction and
objections were understood by the students. Co-Chair Ivan said he
was able to connect better when the daily lessons and objectives
were explained to him. He began speaking English when he was about
six or seven but it was only broken English. The subject material
presented to him at that time were Dick and Jane living on a farm,
but Co-Chair Ivan said he was totally ignorant as to what a tractor
was.
Number 255
REPRESENTATIVE MACKIE said this was an opportunity to put into
statute the state's approval of school districts implementing this
Native language program. He represents a district whereby some
communities have a majority of Native students and would be
affected by this. This bill is an effort to recognize the
indigenous cultures and languages that are unique to Alaska. He
said to look at the rest of the 49 states at the indigenous groups
whose cultures have not been preserved. He referred to page 2, and
the predictions submitted by the Department of Education as to what
would happen in several years if the language wasn't preserved. HB
160 would direct the school district to appoint an advisory council
but it doesn't direct them to implement it into an actual
curriculum. Without this term, it would be easy to pass this bill
over and not go through with the passage due to complaints from.
This bill doesn't mandate additional expenses on school districts
but it states, in statute, that this is something the government
approves of and that Alaska citizens should try to protect the
Native languages of indigenous peoples. Representative Mackie felt
that this was about as strong as a bill could get without actually
mandating it.
REPRESENTATIVE MACKIE was of the opinion that HB 160 should pass
out of committee and move on to the Health and Social Services
committee.
Number 297
CO-CHAIR IVAN stated he wanted to go back and readdress the
question posed by Representative Kott. He was willing to give the
Department of Education time to research this and report back to
the committee. He stated this concern needed to be addressed if
the bill will progress through other committees.
Number 308
REPRESENTATIVE KOTT stated that a simple amendment would clarify
the wording. Rather than page 2, lines 3 through 5 reading, "when
Native children are proficient in their primary indigenous
language, they are more likely to do better in school; they also
develop a higher degree of proficiency in English;" it would be
amended to read, "when Native children are proficient in their
primary indigenous language, they are also more likely to develop
a higher degree of proficiency in the English language;".
Number 320
REPRESENTATIVE NICHOLIA said this was a friendly amendment and she
approved of it.
Number 330
REPRESENTATIVE KOTT made a motion to adopt the amendment to HB 160.
Number 336
CO-CHAIR IVAN heard no objections, and it was so ordered.
Number 336
MS. PETERSON stated that she would contact spokes persons from the
Department of Education to find statistics on the learning
behaviors of young children whose first language isn't English.
Number 343
CO-CHAIR IVAN expressed his appreciation at Ms. Peterson's offer.
He clarified again that this bill wouldn't mandate school districts
to incorporate this program into their curriculum.
Number 346
REPRESENTATIVE NICHOLIA said this bill gives a school district the
option to accept or reject the recommendations of the committee
established by the school district.
Number 350
CO-CHAIR IVAN asked if it would be up to school districts to work
on their budget from the state funding formula and up to each
district to determine how much they want to become involved in this
program.
Number 354
MS. PETERSON confirmed this and stated this was the reason for the
revised fiscal note which clearly represented that the money has
been appropriated into the foundation program. Initially, the
Department of Education stated there were school districts that did
not have a bilingual program but upon choosing this new program,
the fiscal note proved how much it would cost the district but they
could make the choice with or without HB 160.
Number 367
CO-CHAIR IVAN stated once community people got involved with the
program and the schools, they would contribute their time and
expertise to ensure that the Native study programs are supported.
He said he currently sees the elders separated from the school due
to not being given the opportunity to get involved. He supports HB
160 and encourages its passage. He asked if the committee had any
more questions or comments for the bill sponsor.
Number 388
CO-CHAIR AUSTERMAN made a motion to move HB 160 as amended from the
committee with individual recommendations to the next committee
referral.
Number 392
There being no objection, it was so ordered.
HCRA - 03/23/95
HB 167 - AK NATIVE LANGUAGE & CULTURE PROGRAMS
CO-CHAIR IVAN invited Representative Nicholia to introduce HB 167.
Number 398
REPRESENTATIVE IRENE NICHOLIA stated HB 167 would move the Alaskan
education system into the forefront of the nation's efforts to
recognize diversity, to promote and preserve cultural heritage, and
to insure access to the rich legacy of our American ancestors to
all students. A comprehensive program for Alaska Native language
and culture, such as is offered in HB 167, will encourage those
educators and members of the concerned public, both Native and non-
Native, to expand curricular offerings in ways that are directly
relevant to their students. It will also greatly add to the vision
of America as both a diverse and integrated nation.
REPRESENTATIVE NICHOLIA said that this bill does not mandate that
school districts create specific programs for Native language and
culture. Rather, it allows and authorizes districts to undertake
the delicate and complicated tasks required to create concrete and
effective cross-cultural curricula. Under the guidelines
established by HB 167, districts are encouraged to network with
other nonsectarian institutions to gain curricular depth in Alaska
Native language and culture. Districts are also directed to
establish and maintain effective, individualized communication with
parents to forge home-school partnerships for Alaska Native
curricular innovation. Part of this directive is the establishment
of a parent committee, similar to those made available in Chicago
schools during their extensive restructuring. HB 167 also
encourages districts to include children who are not Alaskan Native
in the new courses and activities when resources are available.
REPRESENTATIVE NICHOLIA declared that reflecting the highly
progressive and proactive policies of the state of Minnesota, this
bill also broadens the opportunities districts have to find and
hire qualified instructors for their Alaska Native language and
culture programs. This legislation demonstrates that the state of
Alaska is concerned with creating richness and diversity within its
school curricula, and also that the state actively seeks to
recognize and utilize the strengths of all of its people for the
betterment of its children. Passage of HB 167 would signal the
nation and the world that Alaska is ready to meet the goals of
America 2000, and the global goals of inclusion, diversity, and
cultural preservation. Representative Nicholia strongly urged the
support of the committee for HB 167.
Number 434
CO-CHAIR IVAN asked if the committee had any questions or comments.
Number 438
CO-CHAIR AUSTERMAN asked about Article 2.
Number 444
REPRESENTATIVE MACKIE stated that this bill was amended to create
Article 2.
Number 449
CO-CHAIR IVAN asked for questions or comments. He then asked if
Sheila Peterson from the Department of Education had any comments.
Number 453
MS. PETERSON said HB 167 was a more complex bill. She stated it
would provide a curriculum to the students and strengthen self-
esteem and develop and inter-cultural awareness among the students.
She also stated implementation of this bill would allow for strong
parent/community education involvement which the Department of
Education greatly approves of. Ms. Peterson sees this as an
excellent program for all children and not just Native students.
She said HB 167 covers many topics from establishing the program to
allowing part-time contracts with other non-profit corporations to
provide some services; it changes the way teacher certification
works in regards to teachers who are certified to teach in this
Native language culture. The Department of Education is very
supportive of this concept and thinks it is an excellent approach
for all students.
Number 482
REPRESENTATIVE MACKIE asked if this program would be available for
any school district in the state to participate in and not just for
those districts with a majority of Native students.
Number 485
MS. PETERSON replied that this bill sets up a program that enrolls
Alaska Native children but doesn't set up a percentage of
enrollment. No one is mandated to participate and Alaska Native
students are encouraged as well as non-Native students to
participate.
Number 492
REPRESENTATIVE MACKIE referred to page 3, of the bill as it related
to the certification of Alaska Native language and culture
teachers. He noted one of the requirements was the teachers hold
a bachelor's degree or any other academic degree approved by the
board. He wanted to know how many Native Alaskan people possessed
a bachelor's degree and could also speak the Native language
proficiently. Representative Mackie stated one of his concerns was
that many elders may not have a college education but do have the
potential to teach Native language and culture. This requirement
may be severely limiting if you draw upon the talent within a small
community. The chances of finding lots of people that have a
degree and Native language proficiency are small according to
Representative Mackie.
Number 508
MS. PETERSON said she wasn't aware of the number of eligible Alaska
Natives. This particular language in HB 167 modifies the current
teacher certificate to allow a certificate to be given to an
individual who may not possess a bachelor's degree but does possess
technical knowledge in certain areas. The language would also
allow the State Board of Education, through public debate make, a
determination of what those qualifications would be. According to
HB 167, a person possessing this teaching certificate would be
eligible for teacher retirement and tenure and would be paid on the
same scale as a teacher.
Number 524
CO-CHAIR AUSTERMAN asked if the teacher in question had to meet all
three requirements listed on page 3 of HB 167, or meet just one to
become the qualified teacher. As he understands it, he thinks the
teacher has to meet only one requirement.
Number 533
REPRESENTATIVE MACKIE stated he looked at it differently in that
the wording says a person "who" meets requirements number one and
two "or" requirement number three which goes into different
criteria. He said the first two requirements go together unless
the word "or" is added.
Number 541
REPRESENTATIVE NICHOLIA said that an amendment could be made to add
the word in.
Number 543
REPRESENTATIVE MACKIE stated he was didn't know why the first two
requirements were linked together and he was hesitant on making an
amendment without knowing it's effect.
Number 544
CO-CHAIR AUSTERMAN stated he wasn't quite sure of the exact intent
of HB 167. He referred to his district of Kodiak and similar
existing volunteer programs whereby a village elder visits the
schools in the city of Kodiak and gives a week long presentation on
language or Native culture. He asked if this bill would mandate
that each school district be involved in this program.
Number 554
MS. PETERSON stated HB 167 was not a mandating program but an
optional one. The determination made by the local community. The
program could be very complex, encompassing subjects of all areas
or simple, involving projects like those described by Co-Chair
Austerman making it a flexible program.
Number 560
CO-CHAIR AUSTERMAN asked if the local school districts would have
the option of determining the length of time they wanted to be
involved in the program or whether they wanted to have a long term
teacher of the Native language integrated into their school system.
Number 564
MS. PETERSON said there is nothing about this bill which states
that this is something that couldn't be done before be. HB 167
brings the awareness of this program to the school districts.
Number 570
REPRESENTATIVE KIM ELTON asked about the bill's reference to "the
board" and assumed it meant the school board.
Number 572
MS. PETERSON confirmed it and said it was the State Board of
Education adopted regulations that went through the regular public
process.
Number 575
CO-CHAIR IVAN what the current minimum requirements were for
subjects taught within a school district.
Number 584
MS. PETERSON said graduation standard requirements depend on how
many credits there are in particular subjects. There is a time
frame between kindergarten and third grade requiring a certain
number of hours, and in the other grades as well. She said she was
unsure whether the Department of Education dictates what subjects
must be taught.
Number 590
CO-CHAIR IVAN stated his opinion of school subjects are those like
mathematics, language arts and science. He wanted to know if
subjects like these are placed as requirements in REAA school
systems.
Number 597
MS. PETERSON directed this question at Vince Barry, Director,
Educational Program Support, who promptly directed it toward Chris
Niemi, Teacher Certification Administrator for the Department of
Education.
Number 600
CHRIS NIEMI, Teacher Certificate Administrator, Administrative
Services, Department of Education, stated the department has
regulations that address high school graduation requirements. She
listed the specific subject area units: Language arts, four credit
units; social studies, three credit units; mathematics, two credit
units; science, two credit units; and health and physical
education, one credit unit. She stated school districts are
required to have these subjects as a minimum standard but they may
choose to have more credits in these areas toward graduation. In
addition to this, she referred to comments made by Ms. Peterson
concerning school curriculum and personnel that addresses the
governing body of a district. They may make provisions affecting
the qualified residents of the community who hold an appropriate
certificate and recognize the experts to teach particular skills or
courses and for the employment of teacher aides of qualified
residents of the community served who do not hold an appropriate
certificate. In addition, the governing body of a district shall
adopt, in a required manner, the curriculum which describes what
will be taught.
Number 622
CO-CHAIR IVAN appreciated the comments offered by Ms. Niemi.
Number 624
REPRESENTATIVE ELTON stated his concern over his interpretation
stating that the board shall grant a certificate in Alaska Native
language and culture education if they possess a bachelor's degree.
He said that having a bachelor's degree doesn't necessarily make
you competent enough to teach an Alaska Native language or culture
class. He felt the first requirement should be knowledge of the
subject and a bachelor's degree in that subject would be preferred
but if an applicant doesn't have one, the board should be able to
exempt or issue a certificate exempting that qualification. He
doesn't want to enact a bill wherein everyone that has a bachelor's
degree is instantly qualified to teach Alaska Native language and
culture. He stated that this was how he interpreted the existing
HB 167 wording.
Number 640
MS. NIEMI agreed with Representative Kott and noted there was
another statute that lists requirements for issuance of a
certificate and states that the department should issue the
certificate whereas this bill decrees that the board issue the
certificate. She felt the committee should consider keeping the
statutes consistent. She also said this section states a person is
not eligible unless they hold a baccalaureate degree. Other
legislation is similar as it does not provide additional
stipulations in content.
Number 651
CO-CHAIR IVAN asked for clarification whether the Department of
Education is providing teacher certificates in Alaska Native
languages cross-cultural education provided by 14.20.025, which
requires a bachelor's degree and then additional qualifications
such as possess the ability to speak the language or come from that
culture.
Number 659
REPRESENTATIVE MACKIE referred to page 3, line 6, stating it listed
the criteria under which the certificate can be issued. He stated
the applicant needed to first possess the confidence and language,
and be able to teach, and then have a bachelor's degree. He
mentioned concerns about the bachelor's degree requirement which
could eliminate 99 percent of the applicants right off. He's aware
that there are a significant amount of people who could teach the
language. He's unsure about the section allowing all the teachers
to be on the same level and he doesn't think it's fair to the
school districts to have this certain stringent of criteria. He
stated there are people in any given community capable of teaching
in the program and they could be given a special certificate to
teach the one subject, Alaska Native language or culture. A
financial arrangement could be worked out with the school district
on something like a contractual basis. He said by making the
applicant requirements so high and stringent, it would eliminate a
great number of willing participants.
Number 678
REPRESENTATIVE ELTON agreed with the comments made by
Representative Mackie. He also had a concern where he didn't want
the board to have the ability to issue a certificate, in Alaska
Native language and culture, to an applicant simply because they
had a bachelor`s degree.
Number 683
REPRESENTATIVE NICHOLIA referred to section 2 and stated that if an
applicant didn't have a bachelor's or academic degree, but meets
the requirements and has the experience required by the board, by
regulation, then they could still teach.
Number 690
MS. NIEMI mentioned other legislation referring to other teacher
certificates and make HB 167 address Alaska Native Language
teachers that hold a baccalaureate degree. She said 14.20.25
pertains to other teacher certificates.
Number 694
REPRESENTATIVE NICHOLIA referred to page 3, line 30, and said the
word "or" and other wording covers their worries.
Number 698
CO-CHAIR IVAN stated that he was losing the direction of the
conversation. He was concerned with Section 14.03.250. He wanted
further clarification as to the intent of Representative Nicholia.
TAPE 95-10, SIDE B
Number 007
CO-CHAIR AUSTERMAN stated that everyone basically had the same
idea, but headed in slightly different directions. On page 3, line
26, (1) and (2) are combined together as a requirement or one could
look at number (3) as an alternative to the first requirement.
This was how he understood Representative Nicholia was explaining
it was read.
Number 020
REPRESENTATIVE MACKIE said this was his point to the chair. He
wanted everyone to make sure they understood the intent of that
section. He asked if the Department of Education understood it
this way in that they may give the special certificates for this
particular study. He questioned whether upon the issuance of the
special certificate, would the applicant qualify for the rest of
the bill which refers to actual certification and tenures.
Number 037
MS. PETERSON said this was the interpretation of the Department of
Education that it could either be a person having competence and a
bachelor's degree or someone who met the other requirements
determined by the Board of Education. The current wording of HB
167 states that these individuals would be compensated as a
certified teacher and would participate in teacher's retirement.
Number 050
CO-CHAIR IVAN asked if the certification process was governed by
the State Board of Education.
Number 052
MS. PETERSON said the State Board of Education would make the
determination based on these guidelines.
Number 057
REPRESENTATIVE MACKIE stated he was concerned that many of these
issues should be reviewed by the Health and Social Science
Committee and because of this, he held back on his questions
concerning the fiscal notes. He wondered why HB 160 and HB 167
were referred to the Community and Regional Affairs Committee and
he recommended that HB 167 be moved on to the HESS committee.
Number 073
CO-CHAIR IVAN had questions concerning the attached fiscal note.
He wondered if new members would be hired to execute HB 167.
Number 081
MS. PETERSON stated the Department of Education would like to see
the program indicated by HB 167 implemented and be a success in
school districts. The department felt they would need to add an
additional staff person to provide technical assistance but for the
most part the fiscal note offered contractual arrangements or
grants which would provide services currently mandated by HB 167.
Ms. Peterson referred to page 6, line 24, where it stated that the
Commissioner of Education shall provide technical assistance for
secondary institutions and the section also listed a variety of
services the department shall be responsible for.
Number 108
CO-CHAIR AUSTERMAN stated that this would complicate systems beyond
the necessary goals aimed at in this bill. He expressed his
interest in the bill and wished to see it implemented. He
disagreed with Representative Mackie because he stated the bill was
an issue that directly affects the intent of the Community and
Regional Affairs Committee. He said he would like to have the
opportunity to further pursue the bill and possibly come up with
some of his own changes and amendments that would comply with what
he thinks should be achieved with HB 167.
Number 132
REPRESENTATIVE IVAN welcomed any other questions or comments.
Number 134
REPRESENTATIVE KOTT referred to page 3, subsection (C), line 3,
involving "non-public schools" and wondered if these referred to
Christian schools which could be enrolled on a time share basis.
He wanted to know if there were other examples of allowing
Christian children into public school systems using public monies.
Number 145
MS. PETERSON again stated the department wasn't involved in the
drafting of HB 167. Her interpretation of "non-public schools" was
to assume that public schools could enroll a student attending a
religious, private school. There are drafted regulations directed
toward the Lieutenant Governor, passed by the past State Board of
Education, allowing part time private school students to attend
public schools. These regulations may be reviewed by the current
State Board of Education before being forward to the Lieutenant
Governor. She stated that this concern was publicly addressed and
was of the opinion it would be allowed.
Number 172
REPRESENTATIVE KOTT asked if the draft regulations addressed non-
public schools by including religious schools. He wondered under
what category home schooled children would fall.
Number 182
MS. PETERSON stated they weren't addressed in the draft
regulations.
Number 186
REPRESENTATIVE MACKIE stated the section only referred to children
enrolled in a non-public school which could include home-schooling,
religious schooling and no schooling at all. He stated there were
only two differences, a public school or a non-public school and
the "non-public" wording seek to define everyone not in a public
school district.
Number 194
REPRESENTATIVE KOTT wanted to know under what system would home
schooling be classified.
Number 198
MS. PETERSON said that home schooled students were technically
considered a member of a private school of one.
Number 205
CO-CHAIR AUSTERMAN agreed with the department and he mentioned
students in rural areas taking correspondence which could be
considered private schools of one. He wondered who else was
involved in drafting HB 167.
Number 218
DEBORAH OSTENDORf, Legislative Secretary to Representative
Nicholia, said HB 167 came from the state of Minnesota where it was
originally introduced.
Number 227
REPRESENTATIVE MACKIE agreed with the comments posed by Co-Chair
Austerman and said HB 167 could use some work to clarify and
simplify it more. He hoped that the program would reach a state in
which people willingly volunteered and special certificates were
issued by the Department of Education and school district would
accept the program. He didn't want to have the committee spend too
much time working to clean up the bill without being aware of the
intent of HESS (Health, Education and Social Services) concerning
HB 167. He thought the bill sponsor and the committee would be
better served if HB 167 was closely examined by the HESS Committee.
Number 258
CO-CHAIR IVAN appreciated the comments offered by Representative
Mackie. He supported the intent of HB 167 and also expressed his
concerns over the attached fiscal note. He thought HB 167 would
give parents and the community more say in determining the school
curriculum and would help strengthen the educational system. This
bill would be a right step in getting more community involvement in
contributing not only time, but equipment.
Number 281
CO-CHAIR AUSTERMAN again stated he strongly supported HB 167. He
expressed his frustration over the fact that millions of dollars
were spent in trying to save endangered species of salmon while the
state's Native culture was being lost and the Native people were
bordering on extinction.
Number 294
REPRESENTATIVE ELTON stated that he felt the HESS Committee would
better address some of the concerns addressed during the meeting.
He moved that HB 167 pass the committee with individual
recommendations and the attached fiscal notes.
Number 303
CO-CHAIR IVAN heard no objection, and it was so ordered.
CO-CHAIR IVAN listed the agenda for the next meeting on March 30
which would address HB 247, HB 262 and HB 223 and the meeting on
Saturday, March 25 addressing HB 154.
ADJOURNMENT
There being no further business before the House Community and
Regional Affairs Committee, Co-Chair Ivan adjourned the meeting at
2:08 p.m.
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