Legislature(2015 - 2016)CAPITOL 106
03/02/2015 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| HB97 | |
| HB98 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 97 | TELECONFERENCED | |
| *+ | HB 98 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE EDUCATION STANDING COMMITTEE
March 2, 2015
8:02 a.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Jim Colver
Representative Paul Seaton
Representative Liz Vazquez
Representative Harriet Drummond
Representative Jonathan Kreiss-Tomkins
MEMBERS ABSENT
Representative Lora Reinbold, Vice Chair
COMMITTEE CALENDAR
HOUSE BILL NO. 97
"An Act relating to application requirements for the Alaska
performance scholarship program."
- HEARD & HELD
HOUSE BILL NO. 98
"An Act relating to an exemption from jury duty for teachers;
and amending Rule 15(l), Alaska Rules of Administration."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 97
SHORT TITLE: AK PERFORMANCE SCHOLARSHIP: FINANCIAL AID
SPONSOR(s): REPRESENTATIVE(s) COLVER
02/06/15 (H) READ THE FIRST TIME - REFERRALS
02/06/15 (H) EDC
03/02/15 (H) EDC AT 8:00 AM CAPITOL 106
BILL: HB 98
SHORT TITLE: JURY DUTY EXEMPTION FOR TEACHERS
SPONSOR(s): REPRESENTATIVE(s) COLVER
02/06/15 (H) READ THE FIRST TIME - REFERRALS
02/06/15 (H) EDC, JUD
03/02/15 (H) EDC AT 8:00 AM CAPITOL 106
WITNESS REGISTER
DAVID SCOTT, Staff
Representative Jim Colver
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Responded to questions on HB 97 on behalf
of Representative Colver.
DIANE BARRANS, Executive Director
Alaska Commission on Post-Secondary Education
Juneau, Alaska
POSITION STATEMENT: During the hearing on HB 97 provided
information regarding the Alaska Performance Scholarship.
LES MORSE, Deputy Commissioner
Office of the Commissioner
Department of Education and Early Development
Juneau, Alaska
POSITION STATEMENT: During the hearing on HB 97 answered
questions.
DAVID SCOTT, Staff
Representative Colver
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 98 on behalf of Representative
Colver, sponsor.
NANCY MEADE, General Council
Alaska Court System
Juneau, Alaska
POSITION STATEMENT: During the hearing on HB 98 responded to
questions.
DAVID NEES
Anchorage, Alaska
POSITION STATEMENT: During the hearing on HB 98 testified in
opposition.
BARBARA GERARD, Principal
Academy Charter School
Palmer, Alaska
POSITION STATEMENT: During the hearing on HB 98 testified as to
the impact of teachers attending jury service on her school.
KATHERINE GARDNER, Human Resources Director
Matanuska-Susitna Borough School District (MSBSD)
Palmer, Alaska
POSITION STATEMENT: During the hearing on HB 98 testified in
support.
SEAN REILLY, Teacher
Matanuska-Susitna Borough School District
Palmer, Alaska
POSITION STATEMENT: During the hearing on HB 98 testified in
support.
STACY MOLINA, Teacher
Matanuska-Susitna Borough School District
Palmer, Alaska
POSITION STATEMENT: During the hearing on HB 98 testified in
support.
POSIE BOGGS, Literacy Volunteer
Anchorage, Alaska
POSITION STATEMENT: During the hearing on HB 98 testified in
support.
DAVID BOYLE
Anchorage, Alaska
POSITION STATEMENT: During the hearing on HB 98 testified that
the bill should include teachers in private schools.
ACTION NARRATIVE
8:02:22 AM
CHAIR WES KELLER called the House Education Standing Committee
meeting to order at 8:02 a.m. Present at the call to order were
Representatives Seaton, Vazquez, Colver, and Keller.
Representative Drummond arrived as the meeting was in progress.
HB 97-AK PERFORMANCE SCHOLARSHIP: FINANCIAL AID
8:02:51 AM
REPRESENTATIVE COLVER, as sponsor, said HB 97 prohibits the
Department of Education and Early Development (EED) from
requiring an applicant for the Alaska Performance Scholarship
(APS) to also submit the Free Application for Federal Student
Aid (FAFSA). The APS rewards Alaska high school students for
their hard work, he stated, which is measured by coursework,
grade point average, and ACT, SAT, or WorkKeys test scores. The
FAFSA is used to determine a student's eligibility for federal
financial aid based on the family's financial situation, he
explained. He said that [HB 97] was introduced because there is
no compelling state interest in gathering personal financial
data to award a merit-based scholarship.
8:04:42 AM
REPRESENTATIVE COLVER pointed out that this bill serves to
reduce paperwork as well as protect privacy. He noted that
parents in his district, who were not seeking financial aid,
could not understand why they had to fill out the FAFSA. He
suggested that EED "describe what their mission is in requiring
that, because it sure came with a lot freight-huge fiscal notes
on retooling data." He said he believed that the APS was a
simple program based on merit and not a data-mining operation,
but he may be mistaken. It may be difficult to move this bill
because of the financial cost, but he said that going through
this process may lead to streamlining education funding, so it
can go into the classroom instead paying for data management.
8:07:30 AM
REPRESENTATIVE SEATON recalled that the APS is not just a cash
grant, but a student must apply for all other money and then the
APS would fill in over a maximum of six years. If that is the
case, "are we now saying that it wouldn't be a last dollar
scholarship?" The scholarship would then be available regardless
of whether the student had expenses to cover or not, he
surmised.
8:08:48 AM
DAVID SCOTT, Staff, Representative Jim Colver, Alaska State
Legislature, said that the Commission on Post-Secondary
Education can answer that; however, it is his understanding that
the scholarship is based on merit: grades and test scores.
8:09:51 AM
REPRESENTATIVE VAZQUEZ asked about the application for the APS.
REPRESENTATIVE COLVER said he will provide a copy.
8:10:37 AM
MR. SCOTT said that the APS is created and administered by
Alaskans, and he does not think the FAFSA should be required to
award a merit-based scholarship that is created by Alaskans. The
constitution provides a right to privacy, "and that is something
we all love and we all cherish." He said there is private
financial information in the FAFSA that is not necessary in
order to award a merit-based scholarship.
8:12:16 AM
DIANE BARRANS, Executive Director, Alaska Commission on Post-
Secondary Education, said she understands the sponsor's concern
about the apparent disconnect between a merit-based scholarship
and the need to use FAFSA as part of the qualifying information;
however, Representative Seaton is correct in that there was no
intent for the scholarship to be "walking-around money." The
cost of the student's education and other available financial
assistance were to be used to determine, to the extent that the
student qualified for the scholarship, how much a student could
receive. If a student's unmet costs were less than the
scholarship amount, the student would only be awarded the unmet
costs.
8:13:32 AM
REPRESENTATIVE KREISS-TOMKINS asked if the APS is a hybrid of a
need-based and merit-based scholarship.
MS. BARRANS said the term "need-based" usually denotes a
financial need demonstrated by a given family, but all
scholarships are forms of financial aid.
8:14:30 AM
REPRESENTATIVE SEATON questioned if passing HB 97 would create a
cash benefit to students whether they attend college or not. He
asked the question if the APS is merely a reward or if it is a
scholarship to go toward qualified institutions. The "last-
dollar" concept was incorporated into the original bill, and he
asked what HB 97 will do regarding the financial liability of
the state to provide money to students.
MS. BARRANS said that she does not see that aspect of the
program changing. She noted that FAFSA is a universal financial
aid application, and about 85 percent of students use it. The
FAFSA allows the state to ensure that students apply for any
sort of aid that was available to them. The intent was to spend
the APS funds as efficiently and effectively as possible, and it
was not intended to be money that could be spent on anything
other than attending a post-secondary institution, she
explained. The commission is the grant administrating agency for
the state, so it already receives FAFSA information. She said
that without requiring students to complete yet another form,
the FAFSA is an efficient means of standing up the program and
getting information on students before even knowing whether they
are eligible for the APS. The institutions do not learn which
students are eligible for the APS until late July, so the
commission would have very little time to reach out to the
eligible students, make an application available, and make sure
they get it in in time for the funds to be dispersed to the
schools.
MS. BARRANS said that using FAFSA not only accomplishes the
statutory goals of having the students apply for other aid, but
the form, itself, indicates that the application is for Alaska's
grant and scholarships programs. It is also a means to get
student addresses, she noted. The process would have to be
replicated and students would need to be reeducated that the
application could not be used for the APS, and, in fact, Section
2 of HB 97 actually nullifies any application. If the bill
passes, there would be no application process, whatsoever, and
one would need to be created through the regulatory process,
which may take until 2016 or 2017.
8:20:12 AM
REPRESENTATIVE VAZQUEZ asked what bill created the APS and
whether committee members could get a copy, including "what you
perceive to be the legislative intent."
MS. BARRANS offered to ask the Legislative Information Office
for legislative information. She suggested reading the statute,
as well.
8:21:27 AM
REPRESENTATIVE VAZQUEZ asked whether Ms. Barrans is saying that
the APS is a scholarship of last resort.
MS. BARRANS said, no. The Alaska Education Grant would be a
grant of last resort; however, most of the APS students do not
qualify for it, so if the only other source of financial aid a
student has is the APS, "you could certainly use that term."
CHAIR KELLER said there will be time to look at that history and
noted that it was part of the governor's bill. He sees this bill
as a way to discuss the legislature's intent.
8:22:49 AM
REPRESENTATIVE COLVER said the APS was endowed at $400 million,
and he asked what revenue was "spinning off every year."
MS. BARRANS said that the Higher Education Investment Fund was
established a year after the APS program was created, and the
legislature set aside $400 million. She said she thinks it has a
6 to 7 percent return. It is managed as a subset of the general
fund, and in June, 2014, there was $444 million in the fund. The
fund is a source for both the Alaska Performance Scholarship and
the Alaska Education Grant, she explained.
REPRESENTATIVE COLVER asked how much has been awarded and the
amount needed to administer the programs.
8:24:17 AM
MS. BARRANS said the administrative costs are not paid with
those funds. The Alaska Student Loan Corporation pays, she
explained, and the fund has been "stepped up" each year, as
additional classes graduate. In FY15, the amount for
scholarships was about $11 million, and there was about $8
million for grants. She offered to provide the accumulated total
spent to date.
REPRESENTATIVE COLVER indicated that the fund has $19 million in
outflow and "we've gained $44 million in the fund." He asked how
the commission pays for the administrative costs.
MS. BARRANS said the Alaska Student Loan Corporation pays for
the operating costs of the commission-not the GF [general fund].
REPRESENTATIVE COLVER asked about the [fiscal note] of retooling
the application evaluation, which is $144.2 million this year
and then $91.7 million annually.
MS. BARRANS corrected him, saying it is thousands, not millions.
REPRESENTATIVE COLVER asked, "This would have nothing to do with
general fund budgets … it could be funded out of revenues from
the scholarship fund as a possibility, but now you're saying
that this is going to come out of the budget of the Post-
Secondary Education Commission?"
MS. BARRANS clarified that the costs have been paid by the
Student Loan Corporation, but these new costs created by HB 97
would come from the Higher Education Investment Fund.
REPRESENTATIVE COLVER said it is, therefore, a covered cost for
doing business to administer the loan fund. So, "we're not
creating a budgetary issue; this is a fully funded, endowed
program that's spinning off excess revenue." He asked if Alaska
wants to use the federal form for financial aid, or "do we want
Alaska to have our own form that merely identifies students'
academic achievements?" As he understands, no money goes to the
student but is distributed to the institution, he stated.
MS. BARRANS said the funds are dispensed through the
institution, which are then released to the students if they do
not have unpaid fees.
8:29:01 AM
REPRESENTATIVE COLVER asked about the entire process.
MS. BARRANS said to qualify for the APS, a student must complete
the rigorous high school curriculum, have a certain GPA, and
score at minimum levels on one of the standardized tests. The
determination for eligibility is made in a student's senior
year, and the department has that information within its
existing data collection. School districts provide eligibility
information to the department by July 15, and the data is
transmitted to the commission. The commission takes the
eligibility information and matches it to the FAFSA data as to
the student's current address. The students are notified through
mail that they have qualified for the award and at what level.
The students are encouraged to use an online portal where they
can go in and register and monitor the status of their state
financial aid. The scholarship is available to complete the cost
of education that is not offered through other grants or other
scholarships. The APS can replace the amount that the family
would be expected to pay, so it is available before a student
needs to take out a loan.
8:33:03 AM
REPRESENTATIVE SEATON surmised that if a student was not
required to apply to the FAFSA for Pell grants or other federal
aid, it may cause more funding to be drawn from the APS. "Is
that why the FAFSA is required?"
MS. BARRANS said yes, that is the objective. The students should
maximize the attainment of available money, including Pell
grants and state grants, in addition to the APS.
8:34:17 AM
CHAIR KELLER asked if the Higher Education Investment Fund ever
operates in excess, putting money back into the general fund.
MS. BARRANS noted that the Department of Revenue manages that
fund, and there is no mechanism for overflow money to the
general fund. The fund has only been in existence for four
years, and it is very unpredictable what future draws will be.
There is a brief history with the APS. About 32 percent of each
graduating class tends to be eligible, but the number of
eligible students who use it fluctuates. If there is a jump up
in its use, the financial demands will increase, and there needs
to be more time to calculate average expenses, she said.
8:36:13 AM
REPRESENTATIVE DRUMMOND asked which institutions the APS can be
used for.
MS. BARRANS said all University of Alaska campuses and six or
seven others, which she offered to provide. The APS can only be
used in Alaska.
8:37:14 AM
REPRESENTATIVE COLVER asked what triggers the request for the
FAFSA application.
MS. BARRANS said the FAFSA information already comes to the
commission as the state's grant administrating agency. It
receives the information for any Alaska resident or anyone
planning to attend an Alaska institution.
REPRESENTATIVE COLVER said, obviously, some students would not
fill out the FAFSA so there would be a trigger when they
qualified for the APS. He asked what that data base "looks
like."
MS. BARRANS said she does not know exactly, but a substantial
majority of students have already completed that form before the
commission receives the eligibility information. There is a
campaign informing students that they need to file the FAFSA by
the end of June. Because of funding availability, the deadline
extends to December, so students can continue to apply.
8:39:58 AM
CHAIR KELLER said that he hopes the school districts are
listening. Financial counselors at different schools have the
responsibility to communicate this to the students, and, in
Representative Colver's case, a Valley resident "just missed"
the deadline. He noted that the students need to be informed.
MS. BARRANS said that, for the first time, the commission
partnered with the University of Alaska to help identify
students who fell into that category of being eligible but had
not completed the FAFSA.
8:41:13 AM
REPRESENTATIVE SEATON noted that, under the regulations, there
is a process for institutions that cannot receive federal funds,
and he asked about those institutions.
MS. BARRANS said there are a few technical institutions that
have not received accreditation.
8:42:07 AM
REPRESENTATIVE VAZQUEZ asked for information on legislative
intent by March 23. "If you're correct on the legislative
intent, I think it sheds a whole new light on this bill." She
was under the impression that only the students' performance was
looked at, and the APS would be based solely on that.
MS. BARRANS clarified that in terms of a student's eligibility,
the APS is based solely on meeting the merit-based requirements.
The question is to what extent does a student have unmet
educational costs that can be covered. That is not determined by
the FAFSA; the school's financial aid office determines what
amount of unmet costs the student has, she stated. In most
cases, students have unmet costs, and it is very rare for the
APS to be reduced.
8:45:00 AM
REPRESENTATIVE COLVER said there are two fiscal notes on the
bill, and he asked to hear from the Department of Education.
8:46:17 AM
LES MORSE, Deputy Commissioner, Department of Education and
Early Development, said that, regarding the fiscal notes, EED
was looking at the most efficient means to collect information
that FAFSA now provides. There may be a way to combine the two
fiscal notes, but there needs to be more dialogue with the
sponsors. He said the FAFSA collects student contact information
that the department does not have, so that would be a new data
collection system, along with the eligibility for students.
"Every time we add an element to our data collection, it costs
us approximately $40,000 in programing," he said, and the new
system would have about four different elements. The remaining
costs in the fiscal note include the outreach and manuals. It
would be a one-time cost, but there would still be some ongoing
expenses experienced by the commission, he stated.
REPRESENTATIVE COLVER surmised that just the student addresses
need to be added and transmitted to the commission.
MR. MORSE said the student contact information would be the new
element to collect, and "we would pull the eligibility
information from the July 15 report that all districts do for
other reporting requirements … so the APS information would all
be collected together." All of the districts would have an
additional report due in late May or June, he added.
REPRESENTATIVE COLVER asked if the FAFSA tracks student
information through a student ID or a Social Security number.
MR. MORSE said he cannot not speak to the FAFSA "and all of its
requirements," but EED only uses a student ID number.
REPRESENTATIVE COLVER said the FAFSA will use the Social
Security numbers, and somewhere there is a linking factor
between the department data base and the FAFSA data base.
8:52:45 AM
MR. MORSE said that the EED information can generally be matched
based on gender, date of birth, and name.
8:53:22 AM
CHAIR KELLER announced that HB 97 would be held over.
HB 98-JURY DUTY EXEMPTION FOR TEACHERS
8:53:54 AM
REPRESENTATIVE COLVER said HB 98 exempts teachers from jury duty
during the school year. He said he wants to keep teachers in the
classroom and improve student learning. There have been cases
where a class needs a long-term substitute, and both teachers
are paid. It impacts the continuity of the learning plan, and it
is difficult for a teacher to come back into the classroom after
a long absence. Teachers will be evaluated based on student
performance, so anything that impacts student learning reflects
back on the teacher. Alaska should want our teachers to be
teaching, and "we are all focused on student learning and
results and I think we could get the best results by allowing
teachers … to opt out of a long jury trial," which could be made
up in the summer season.
8:56:19 AM
DAVID SCOTT, Staff, to Representative Colver, Alaska State
Legislature, He noted that there is a current exemption in law
for teachers, but it only applies teachers in underperforming
schools. He said Section 2 of HB 98 refers to the court rule
amendment requirement, which is a two-thirds majority. The
committee should consider the two competing constitutional
provisions of the right to a jury and the policy for
establishing schools, he explained.
8:58:29 AM
REPRESENTATIVE SEATON asked how many teachers this would impact.
8:58:55 AM
MR. SCOTT said he did not know, and he added that some
legislators think HB 98 is too broad. One suggestion is an opt-
out provision, should a teacher want to serve when called.
Another option would be to have judges decide that teachers can
be excused when faced with a potentially long trial, he said.
9:00:04 AM
CHAIR KELLER asked if judges already have that discretion and if
there are other legislative exemptions for certain professions.
MR. SCOTT offered that in the early history of the state some
may existed, and it gets to be a slippery slope of adding other
exemptions, so the legislature decided to remove the exemptions.
The exemptions for teachers started in 2004, and that is when
the No Child Left Behind Act [was enacted], he said.
9:02:22 AM
REPRESENTATIVE VAZQUEZ said teachers have summer vacations. She
has personally asked for a rescheduling of her jury duty so that
it does not interfere her job, she explained.
CHAIR KELLER said he does not want to move the bill today. Every
legislator needs to understand its constitutional ramifications.
9:03:36 AM
REPRESENTATIVE COLVER highlighted the zero fiscal note.
9:04:04 AM
NANCY MEADE, General Council, Alaska Court System, said the
existing exemption allows teachers from low-performing schools
to serve if they wish. Judges have the discretion to exempt or
defer jurors who express a hardship, she clarified. The jury
summons includes questions to determine a person's eligibility
to serve, as well as an option to request serving at a later
date. The courts are extremely lenient, she stated. She said she
looked at the exemption rates for teachers from low-performing
schools, but most courts do not require potential jurors to
state a reason for a deferral. For the courts that require a
reason, she found that teacher exemptions are not "terribly
common." People are entitled to a jury of peers, and excluding a
group changes the overall jury pool, especially in a small
community. When one category or profession is exempt, it creates
an increase in the jury burden on other citizens, she noted.
Jury service can be inconvenient and the courts try to work with
people, but by excluding one group, another group, such as
fishermen, might express the same desire. She gave examples of
small business owners and daycare providers. Finally, there used
to be a number of exemptions in statute, including attorneys,
judges, priests, minister, teachers, doctors, dentists, and
certain civil officers, and with the thought that the burden
ought to be equally shared, those were repealed.
9:08:34 AM
REPRESENTATIVE SEATON said the jury pool would not be mandated
to be smaller; it would be optional for teachers. How many
teachers from low-performing schools actually serve during a
school year?
MS. MEADE said she only has anecdotes, and teachers in some
communities use the exemption, and others are pleased to be able
to serve outside of the summer months. The court uses the PFD
[Permanent Fund Dividend] application as its jury list, and then
it is all randomized, she added
REPRESENTATIVE SEATON noted that the current law provides an
exemption only from the school year, and the teacher would be in
the pool for the summer months.
MS. MEADE said the exemption is just during the school term, so
it really is a deferral until the summer.
9:11:01 AM
CHAIR KELLER opened public testimony. He commented that jury
duty is a privilege and responsibility. Alaska has a common law
system, and trial by jury is important. Voting can be
inconvenient, he offered.
9:12:13 AM
DAVID NEES, said he opposed HB 98, and he noted an earlier
conversation when five of the eleven teachers from the lower
Yukon-Kuskokwim school district were called to jury duty. He
said he is opposed to the bill, because Alaska is the only state
that made an exemption in response to NCLB. About six states
allow a deferral for primary teachers and for the primary
caregiver, but most do not make a categorical exemption, he
stated. He said he taught for 28 years, got called to jury duty
only once, and the judge allowed him to defer service until the
summer months. Teachers are important as role models, and if
they do not serve because they are important, then a medical
person may seem to not be important, he stated. He said he
included testimony from 2004, and he asked what the next group
will be who claims to be important. If this is just about saving
money, that is another argument, he concluded.
9:14:54 AM
BARBARA GERARD, Principal, Academy Charter School, said her
responsibility is to ensure her students have the best
instruction every single day of their school year. That means
having good teachers who know their curriculum and how to teach
it, and who are bonded with the students. It is an uphill battle
when it comes to jury duty; last year 7 out of her 22 certified
staff served on jury duty, and this year, 9 have served already.
It is costly to pay for substitute teachers, it is unfair to the
teachers who are accountable to their students' learning, and,
most importantly, it is unfair to students. Students have only
one year for each grade, and when the teachers are away, their
opportunity to learn the material from a master teacher is gone,
she stated. Please support HB 98 and keep our teachers in the
classroom.
9:16:54 AM
REPRESENTATIVE SEATON asked if a deferral would be as effective
as an exemption.
MS. GERARD said she supports any language that protects the
school season.
9:17:50 AM
KATHERINE GARDNER, Human Resources Director, Matanuska-Susitna
Borough School District, said she supports HB 98, and she noted
that last year, the Matanuska-Susitna Borough School District
had 1,412 hours with teachers out of the classroom, and, this
year, it will be 976 hours specifically for jury duty. Highly
effective teachers have the greatest impact on student learning,
she said, and HB 98 will allow them to stay on staff. When
teachers are gone for lengthy jury service, it really disrupts
the learning environment, and that is her greatest concern, she
stated.
CHAIR KELLER asked if any teachers want to keep the right to
serve on a jury.
SEAN REILLY, Teacher, said he teaches seventh grade and supports
HB 98, but he believes people should be judged by a jury of
their peers. Teachers should serve jury duty; however, this law
would provide leniency for when they serve. Teachers have free
time in the summer, and, by serving in that season, schools
would not suffer the huge economic loss from paying substitute
teachers. He stated that it is very difficult for a substitute
to continue with curricula, and teachers are evaluated on how
well students are advancing. He suggested that "postpone" could
replace "exempt" in HB 98.
9:24:54 AM
STACY MOLINA, Teacher, said she supports HB 98 and she agrees
with what has been said. She said she was summoned for jury duty
in January and was very willing to serve and she shared her
experience with her classroom. However, later in January she was
impaneled to a jury that was scheduled to last into March, and
she expressed concerns about being out of her classroom, and the
court clerk assured her that she would be excused, but the judge
made it very clear that she does not excuse teachers. The judge
said there were ample substitutes in the district, and union
contracts protected her paycheck. The judge would not listen to
the academic impact that would fall upon her students, she
stated. Ultimately, she said, she was excused from the duty
because she had airplane tickets and travel plans. She noted
that her professional evaluation would have been impacted by her
absence.
9:27:54 AM
REPRESENTATIVE SEATON asked if she will ask for a deferral the
next time she receives a jury notice.
MS. MOLINA answered yes, and she pointed out that teachers only
have July to serve, because the beginning and end of the school
year are detrimental times to serve. She said that she did not
ask for a July deferral, because the court had said that very
little is done in July, and the courts are hesitant to give
deferrals at that time because everybody asks for the same
period of time. She said that many trials are not held in July,
because people like to go fishing then, including judges.
9:29:28 AM
CHAIR KELLER repeated his question about some teachers wanting
to serve on a jury.
KATHERINE GARDNER said some teachers may choose not to take
advantage of the deferral, because of their summer plans or
other reasons. The greatest concern is the lengthy trials, and
she does not know if that can be written into the law.
9:31:09 AM
POSIE BOGGS, Literacy Volunteer, stated her support of HB 98,
giving teachers the ability to postpone jury duty. Dr. Nancy
Mather is a co-author of the Woodcock-Johnson [Diagnostic
Reading] Battery, which diagnoses literacy in children, she
said. Dr. Mather attributes low literacy to teachers not having
enough time to teach reading. She stated that not every teacher
is fantastic at teaching reading, but we have to make sure that
our children receive many intensive hours in reading
instruction, especially if they struggle.
9:33:21 AM
DAVID BOYLE, said HB 98 should also include those who teach in
private and religious schools.
9:34:40 AM
REPRESENTATIVE KREISS-TOMKINS referred to Ms. Gerard's testimony
and said it appears that the ratio was very high and
disproportionate for teachers in the Academy Charter School.
MS. MEADE replied that jury service is random, and she has no
explanation for that high proportion, but the larger the
population base, the less often people are called for service.
REPRESENTATIVE KREISS-TOMKINS noted that since it is random, one
might conclude that 45 percent of Palmer residents were also
solicited to be on the jury.
MS. MEADE said 45 percent of the eligible residents in Palmer in
a year seems high.
9:36:31 AM
REPRESENTATIVE SEATON noted that the current statute gives the
wrong impression by using the term "exemption" and he would like
to see it written as a deferral from the regular school year. He
asked how the court would respond to that.
9:37:25 AM
MS. MEADE said the court would implement it as written as there
is a statute allowing deferrals, and teachers could be added to
that language. She noted that anyone can request a deferral for
a hardship, and such requests are almost always accommodated,
although one of the callers said otherwise. "I don't want to
downplay the inconvenience that juries can cause to citizens. We
try to minimize it, but we don't have that control," she said.
REPRESENTATIVE SEATON noted that his personal requests deferring
jury duty outside of the legislative session have always been
granted. "I presume that that allows the court to manage its
jury pool better so maybe in the meantime or following up on the
hearings we can get some feedback from you as if a deferral at
the time of getting jury notice would be more effective in
allowing the court to control its jury pool and people other
than being
MS. MEADE asked whether he was suggesting that rather than
random summons, have a list of people not to summons during a
certain time period. She related it would be more difficult as
it easier for the court to send out a summons and allow that
citizen to respond with their request for a deferral.
9:40:55 AM
REPRESENTATIVE SEATON surmised that this bill is an exemption
rather than when an individual is summoned but actually an
individual appears for jury duty then the exemption would apply
which appears it does not allow the court to plan far enough in
advance as to who they are calling to jury duty.
MS. MEADE responded that when an individual receives a jury
summons and questionnaire they have an opportunity to request an
exemption for another date. She remarked the same is true for
teachers and they may claim the exception during the school
year, which is routinely granted.
REPRESENTATIVE SEATON surmised that at receipt of the summons,
an individual can claim a deferral rather than at the time of
trial if called during a school year.
MS. MEADE responded that the deferral is applied in the same
manner for everyone and when teachers receive their summons they
write on the list they would like to defer until June, and are
routinely granted. She added that if individuals do not send
their request to be deferred, they appear on the date required
and have an opportunity to advise the judge they would like to
defer and offer a reason.
9:44:04 AM
REPRESENTATIVE VAZQUEZ questioned whether there is a distinction
between exemption and deferral.
MS. MEADE replied that some people are permanently exempt if
they have a certain disability, over 70 years of age, cannot
speak or read English, and other rare reasons.
REPRESENTATIVE VAZQUEZ surmised that if the intent is to not
have a permanent exemption but to have teachers serve during the
summer months, the appropriate wording is deferral and not
exemption.
REPRESENTATIVE VAZQUEZ replied that is the effect of how it is
applied as it reads "exempt during the school year" which means
to the jury clerks that they are put to another time. She
described it as a semantic difference but the effect is the
same.
REPRESENTATIVE VAZQUEZ pointed out that the exemption would be
qualified to "during the school year," otherwise if the
qualification was not included they would be totally exempt.
MS. MEADE answered in the affirmative, that the statute now
reads "during the school term," and that is the phrase the court
replies upon to defer.
9:45:51 AM
REPRESENTATIVE SEATON noted that the exemption appears to be a
personal exemption and referred to testimony from school
districts regarding the disruptions to schools with teachers
being out. He asked whether the requirement that a teacher apply
for the exemption be subject to collective bargaining requiring
that all teachers exercise the exemption which would have a
different impact on schools and the court.
CHAIR KELLER did not require Ms. Meade to respond and found it a
good question to put on record.
9:47:53 AM
REPRESENTATIVE COLVER pointed out that according to Ms. Meade's
testimony, the court would implement a mandatory exemption as if
it were on automatic deferral to the non-school year. He
commented regarding the question whether to change it to a
referral versus a mandatory exemption would, in effect, be the
same.
9:49:03 AM
MS. GERARD advised that the Academy Charter School has 9 out of
her 22 staff members serving on juries this year of which 7
served penal jury duty, and 2 served grand jury which affected
their classrooms.
REPRESENTATIVE VAZQUEZ asked whether they were all called to
duty in state court.
MS. GERARD answered that 7 were in Palmer and 2 served in grand
jury and believes it was all state court.
9:50:09 AM
REPRESENTATIVE SEATON questioned whether schools might negotiate
this as a condition of employment that teachers would apply for
the option to serve during the summer. He queried whether that
could potentially solve the problem rather than individuals
individually applying for exemption or deferral.
MS. GERARD asked whether he was asking whether the district
would negotiate with the teachers union to add to a negotiated
agreement.
REPRESENTATIVE SEATON replied yes.
MS. GERARD responded that it would be a large task since the
district just completed their 3-year negotiated contract and she
did not know the steps to go back and bargain. She said as a
principal she is trying to protect the classroom and did not
know how the union would look at it.
9:52:34 AM
CHAIR KELLER closed public testimony after ascertaining no one
further wished to testify.
9:52:57 AM
REPRESENTATIVE DRUMMOND expressed concern in supporting the bill
as worded "a person may claim exemption" language as the intent
of the sponsor is to keep classrooms whole and keep teachers in
their classrooms during the regular school year. She pointed
out that the "may" language does not require any teacher to
request the exemption and she is sure there are people who will
not chose to use this exemption. She suggested speaking with the
human resources directors of school districts due to all the
questions regarding negotiated contracts. She opined that the
bill should go to the House Judiciary Standing Committee and
then come back to the House Education Standing Committee as many
questions have been raised. However, she stated she supports the
intent of HB 98.
9:54:44 AM
REPRESENTATIVE VAZQUEZ remarked that she supports the intent of
this bill but wordsmithing should be involved and adding school
district employees and charter schools working in the classroom.
9:55:35 AM
REPRESENTATIVE SEATON echoed support for the intent of the bill
and suggested including uncertified teachers in private schools
such as aides and other people in contact with students. He
said he did not know how to draw that line as private and
religious schools generally are not regulated.
9:56:43 AM
CHAIR KELLER added that the impact to children would be the same
in either case.
9:56:56 AM
REPRESENTATIVE COLVER pointed out that obtaining a deferment
from a lengthy trial during the school year was offered and he
suggested looking at the tools available to keep teachers in the
classroom.
9:58:04 AM
REPRESENTATIVE SEATON surmised that the problems identified have
been people that haven't requested a deferment until and went
into jury service and then said they have a hardship to the
judge. He said he was not sure whether the problem is somewhat
created by teachers not exercising the option of deferral.
CHAIR KELLER announced that HB 98 was held.
9:58:47 AM
ADJOURNMENT
There being no further business before the committee, the House
Education Standing Committee meeting was adjourned at 9:58 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 97.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB 97 - Sponsor Statement.PDF |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB 97 - what is FAFSA.PDF |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB 97 -- FAFSA paper application.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB 97 - APS.PDF |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB 97 -- 20 U.S.C. 1090.PDF |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB 97 -- 20 U.S.C. 1082 (m)(1)(c).PDF |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| 20 AAC 16.215.PDF |
HEDC 3/2/2015 8:00:00 AM |
|
| HB97 Fiscal Noten2.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB97 Fiscal Note.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB 98.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 98 |
| HB 98 - SPONSOR STATEMENT.docx |
HEDC 3/2/2015 8:00:00 AM |
HB 98 |
| HB098-ACS-TRC-02-26-15 Fiscal Note.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 98 |
| HB 98 Letter of Support Academy.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 98 |
| HB98 Letter of Support NEA.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 98 |