Legislature(2003 - 2004)
04/01/2004 03:22 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES
STANDING COMMITTEE
April 1, 2004
3:22 p.m.
MEMBERS PRESENT
Representative Peggy Wilson, Chair
Representative Carl Gatto, Vice Chair
Representative John Coghill
Representative Paul Seaton
Representative Kelly Wolf
Representative Sharon Cissna
Representative Mary Kapsner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 425
"An Act relating to funding for school districts operating
secondary school boarding programs, to funding for school
districts from which boarding students come, and to inoperative
school districts; and providing for an effective date."
- MOVED CSHB 425(EDU) OUT OF COMMITTEE
HOUSE BILL NO. 427
"An Act relating to guardianships and conservatorships, to the
public guardian and the office of public advocacy, to private
professional guardians and private professional conservators, to
court visitors, court-appointed attorneys, guardians ad litem,
and fiduciaries, and to the protection of the person or property
of certain individuals, including minors; amending Rules 16(f)
and 17(e), Alaska Rules of Probate Procedure; and providing for
an effective date."
- HEARD AND HELD
HOUSE BILL NO. 239
"An Act directing the Department of Public Safety to establish
an Internet-based identification and tracking system relating to
controlled substances that are prescribed for human use; and
relating to the manner in which prescriptions for controlled
substances may be filled by a pharmacist."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 72
"An Act relating to the qualifications and appointment of
members of the Board of Regents of the University of Alaska; and
providing for an effective date."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 543
"An Act relating to medical assistance coverage for prescription
drugs; and providing for an effective date."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 338
"An Act relating to attendance at public school; and providing
for an effective date."
- REMOVED FROM AGENDA
PREVIOUS COMMITTEE ACTION
BILL: HB 425
SHORT TITLE: BOARDING SCHOOL FUNDING
SPONSOR(S): REPRESENTATIVE(S) COGHILL
02/04/04 (H) READ THE FIRST TIME - REFERRALS
02/04/04 (H) EDU, HES, FIN
03/02/04 (H) EDU AT 11:00 AM CAPITOL 124
03/02/04 (H) Heard & Held
03/02/04 (H) MINUTE(EDU)
03/09/04 (H) EDU AT 11:00 AM CAPITOL 124
03/09/04 (H) Moved CSHB 425(EDU) Out of Committee
03/09/04 (H) MINUTE(EDU)
03/18/04 (H) EDU RPT CS(EDU) NT 1DP 2NR 3AM
03/18/04 (H) DP: GARA; NR: OGG, WOLF; AM: SEATON,
03/18/04 (H) WILSON, GATTO
04/01/04 (H) HES AT 3:00 PM CAPITOL 106
BILL: HB 427
SHORT TITLE: PROTECTION OF PERSONS AND PROPERTY
SPONSOR(S): REPRESENTATIVE(S) ANDERSON
02/04/04 (H) READ THE FIRST TIME - REFERRALS
02/04/04 (H) HES, JUD
04/01/04 (H) HES AT 3:00 PM CAPITOL 106
WITNESS REGISTER
EDDIE JEANS, Finance Manager
School Finance and Facilities Section
Department of Education and Early Development
Juneau, Alaska
POSITION STATEMENT: Testified on HB 425 and answered questions
from the members.
FLOYD BROOKS
Nenana, Alaska
POSITION STATEMENT: Testified in support of HB 425.
SANDRA EGLESTON, Counselor
Nenana Student Living Center
Nenana, Alaska
POSITION STATEMENT: Testified in support of HB 425.
RALPH LINDQUIST, Dean of Students
Nenana Student Living Center
Nenana, Alaska
POSITION STATEMENT: Testified in support of HB 425 and answered
questions from the members.
LISA BROOKS, Student
Nenana Student Living Center
Nenana, Alaska
POSITION STATEMENT: Testified in support of HB 425 and answered
questions from the members.
JOHN GRIMES, Dormitory Staff
Nenana Student Living Center
Nenana, Alaska
POSITION STATEMENT: Testified in support of HB 425 and answered
questions from the members.
JIM SMITH, Superintendent
Galena Residential School Program
Galena City School District
Galena, Alaska
POSITION STATEMENT: Testified in support of HB 425 and answered
questions from the members.
ALFRED KETZLER, Executive Director
Nenana Native Council
Nenana, Alaska
POSITION STATEMENT: Testified in support of HB 425.
ANN ESMAILKA
Kaltag, Alaska
POSITION STATEMENT: Testified in support of HB 425.
JIM SHINE, Staff
to Representative Tom Anderson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the bill on behalf of
Representative Anderson, sponsor of HB 427 and answered
questions from the members.
BETTY WELLS, President
Alaska State Association for Guardianship Advocacy (ASAGA)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 427 and answered
questions from the members.
JOSH FINK, Director
Office of Public Advocacy
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 427 and answered
questions from the members.
JIM PARKER, Attorney
Public Guardian Section
Office of Public Advocacy
Anchorage, Alaska
POSITION STATEMENT: Testified on HB 427.
"B" JARVI, Professional Guardian
Professional Guardian Services Corporation
Fairbanks, Alaska
POSITION STATEMENT: Testified on HB 427.
ACTION NARRATIVE
TAPE 04-26, SIDE A
Number 0001
CHAIR PEGGY WILSON called the House Health, Education and Social
Services Standing Committee meeting to order at 3:22 p.m.
Representatives Wilson, Gatto, Wolf, Coghill, and Seaton were
present at the call to order. Representatives Cissna and
Kapsner arrived as the meeting was in progress.
HB 425-BOARDING SCHOOL FUNDING
Number 0104
CHAIR WILSON announced that the first order of business would be
HOUSE BILL NO. 425, "An Act relating to funding for school
districts operating secondary school boarding programs, to
funding for school districts from which boarding students come,
and to inoperative school districts; and providing for an
effective date."
Number 0170
REPRESENTATIVE JOHN COGHILL, Alaska State Legislature, testified
as sponsor of HB 425. He told the members that boarding schools
in Alaska have historically caused some pain, but there are also
boarding schools that have proven to be very valuable. For
instance, the Mt. Edgecumbe boarding school has shown itself to
be a great asset to Alaska. Currently students who do not have
daily access to a high school education are allowed to receive a
stipend and round trip airfare to a location where an education
is available. Representative Coghill said that HB 425 expands
that offering by providing that students may travel to a
boarding school and receive a stipend even if there is daily
access to a high school education in the communities where the
students live.
Number 0302
REPRESENTATIVE COGHILL said that there is a cost to this
offering. In an effort to contain the cost, HB 425 provides for
a pilot program to be offered only to boarding schools which are
already in operation. There is a sunset provision in the bill
of July 1, 2009. Another cost saving provision is that this
legislation only applies to boarding schools which offer a full
year of education of 180 days of operation. He pointed to the
revised fiscal note dated 3/10/04 which reflects the cost to be
$1,179 million to fund the boarding schools presently in
operation. Representative Coghill explained that this fiscal
note shows a savings from the original fiscal note of $227,000.
Number 0425
REPRESENTATIVE COGHILL said that he believes boarding schools
offer a flexibility that is valuable to Alaska. He told the
members that in his hometown of Nenana there were some economic
reasons for opening a boarding school. He explained that the
community had a large school with a dwindling population. The
community put forth a significant amount of capital to make the
boarding program work by taking out a loan and putting up a
building.
REPRESENTATIVE COGHILL told the members that currently a school
that has enrollment which falls below ten students has to close
because it would no longer qualify for state funding. In HB 425
if the enrollment in a school drops below the ten-student
minimum because a student opted to attend a boarding school the
school would be held harmless from closure, he explained. For
example, the school in Circle could be in trouble if student
enrollment drops and he does not want that to happen. He
suggested that the Department of Education and Early
Development's representative can go into more detail about that
point.
REPRESENTATIVE COGHILL said that he believes this is an
important option for students who wish to attend boarding
schools for a variety of reasons, whether it is course offerings
in math and science, or family and social issues. He pointed
out that Galena has done a good job of offering a variety of
vocational classes; Nenana has a cultural emphasis, and Mt.
Edgecumbe's emphasis is on academics.
Number 0634
REPRESENTATIVE COGHILL told the members that each of the schools
has its own acceptance criteria, and most have waiting lists.
Number 0685
CHAIR WILSON announced that Representatives Cissna and Kapsner
joined the meeting.
CHAIR WILSON asked for clarification on a portion of the sponsor
statement which reads as follows:
The hold harmless section of this bill allows a
student's district of residence to count a student for
the ADM count even though the student is attending a
secondary boarding school. This avoids the
possibility of paying the base allocation twice for
the same student.
CHAIR WILSON asked if this means that the boarding school does
not count the students, but the school the students came from
counts them.
Number 0730
EDDIE JEANS, Finance Manager, School Finance and Facilities
Section, Department of Education and Early Development,
testified on HB 425 and answered questions for the members. The
hold harmless provision simply states that if a community that
has a small student population loses a couple of students who
elect to attend a boarding school, that could mean that the
school would fall below the state's threshold of ten students
and be forced to close, he explained. With the hold harmless
provision the department would hold that school harmless from
closure due to the drop in ADM and fund the school for ten
students, Mr. Jeans said. He reminded the members that in the
previous committee there was discussion about the fact that the
department provides a base level of funding for 10 to 20
students. Mr. Jeans summarized that the hold harmless provision
simply extends the range to 8 or 9 to 20 students for a base
level of funding if one of the students elects to attend a
boarding school.
Number 0797
CHAIR WILSON asked if funding follows the student or stays with
the district where the student formerly attended.
MR. JEANS explained that the state would pay the boarding school
both through the foundation program and through the boarding
stipend to cover the residential component. He said that
basically all that is being done is extending that base number
of students down for the community that has a small student
population. He said the state is not paying for the same child
twice. It is a safety net for that community [that loses
students to boarding schools], he added.
CHAIR WILSON questioned whether this isn't paying twice for the
same student.
MR. JEANS replied that the state is not paying twice unless
there is speculation that a student leaves the school in his/her
home community and the enrollment falls to eight or nine
students. In that case that school would not be funded as a
separate school, it would be added to a larger school in the
same district. He reiterated that he does not see this as
paying for a student twice; it is just holding the school
harmless [from closure] while students go to a boarding program.
CHAIR WILSON asked if there were 15 student and two left to
attend a boarding school would there be a change in the funding
level.
MR. JEANS responded that there would be no change in the funding
level. In this case, the school would still be in the 10 to 20
student range, so the hold harmless provision would not be
necessary.
Number 0924
REPRESENTATIVE CISSNA commented that the loss of a few critical
students could put the state right back in the situation before
the Molly Hootch [case]. She told the members that back in the
1970s she was present during a discussion in Minto on the Molly
Hootch case. Representative Cissna explained that she worked
with some of the kids who were taken away from their homes
before they were ready and some horrifying things happened to
them. She stated that there are a lot of kids who are dead now
because of those programs. She asked how this legislation does
not lead to another horrifying episode.
Number 1040
REPRESENTATIVE COGHILL agreed that Alaska has had an interesting
history of boarding schools. An important difference is that
those boarding schools were mandated. The current boarding
school programs are permissive and students must apply to be
admitted. These schools normally enjoy a lot of parental
support, a demonstrated need, and a willingness to address
personal, cultural, and economic issues. Representative Coghill
emphasized that the boarding schools currently operating are
totally different from those operated prior to Molly Hootch. He
added that currently students have to stand in line to be
admitted to one of these boarding schools, and that is the
reason he put a limit on the number of boarding schools that
could participate in the program. He said it is not so much
that he wanted to limit the number of boarding schools, but that
the state's ability to pay for it is limited. Representative
Coghill said he wants see how the current boarding schools
continue to do with this program, and believes it to be a good
educational option. He advised the committee that this pilot
program is only offered to about 300 student.
MR. JEANS emphasized that none of the students in these programs
are required to leave their homes. This bill provides the
school districts which offer full year boarding home programs
some revenue to help offset the residential costs of operating
those programs. This is an optional educational experience, he
added. The hold harmless provision is a safety net for the
community in which a student may elect to leave in order to
participate in one of the boarding school programs, he said.
Mr. Jeans told the members that currently there are no schools
that would require this safety net because it has not effected a
school that small. He said he thinks what Representative
Coghill is trying to provide boarding schools with some revenue
to help with the residential costs of these programs. At the
same time, he is trying to be sensitive to the small communities
that could have a couple of secondary students who may take
advantage of the program, so he is trying to ensure through the
hold harmless provision that a small school would not have to
close while the state is looking at the boarding home programs,
Mr. Jeans said.
Number 1255
REPRESENTATIVE GATTO posed a hypothetical question of a school
that has 17 students. At that number the school is funded at a
fixed rate whether there are 16 students or 17 students. If a
student decides to go to a boarding school in Nenana the school
he/she leaves suffers no loss in funding which relates to the
hold harmless portion of this bill. This bill provides for a
stipend to be paid for the residential expenses to the boarding
school. He asked if the base student allocation follows the
student.
Number 1340
MR. JEANS replied that very example is happening now. The base
student allocation goes to the school in which the student is
enrolled. For example, Nenana is serving 96 students who do not
reside in Nenana. However, Nenana is currently generating
funding for those students through the foundation-funding
program, he said. He went on to say that some of these students
may come from communities that fall within the range of 10 to 20
students, and some may come from Fairbanks. He emphasized that
these programs are up and operating and the department is
providing foundation funding for these kids' educational
component. However, the state is not providing funding for the
residential component of the program. This bill simply provides
some residential support [through a stipend].
REPRESENTATIVE GATTO pointed out that if the student attended a
school in Fairbanks, then the school district in Fairbanks would
lose funding through the base student allocation because he/she
is no longer enrolled there.
MR. JEANS responded that he is correct.
Number 1370
FLOYD BROOKS testified in support of HB 425. He told the
members that he has three daughters who attend the Nenana Living
Center. The educational opportunity there is excellent and has
given them a safe place to live and work. In addition the
school has provided extracurricular activities that might not
otherwise be available such as the snowboarders club, trips to
Fairbanks, and whitewater rafting in Denali National Park and
Preserve. Mr. Brooks said the staff at the center are great and
have the kids' best interest at heart. He told the members that
academic failure is not an option for these kids. This Nenana
Living Center option has also allowed him the opportunity to
seek employment out of town which would not otherwise be
possible. He pointed out that it only costs $9,000 for students
to attend the Nenana Living Center where many of the small
villages cost as much as $27,000 per student. In summary, Mr.
Brooks told the members that this is a case where everyone wins.
Number 1489
CHAIR WILSON asked Mr. Brooks what village he lives in.
MR. BROOKS responded that he lives in Nenana, but has been
working in Fort Yukon. He added that the Nenana Living Center
has provided a safe place for his daughters to learn.
Number 1552
SANDRA EGLESTON read the following testimony [original
punctuation provided although some formatting changes have been
made]:
I am calling in support of HB 425 which would provide
funding for districts operating secondary school
boarding programs. I was hired by the Nenana School
District as a counselor for the living center when it
opened in the fall of 2001. It is my understanding
that prior to 2001 the district recognized a need in
the state to offer school alternatives to rural
students. As Representative Coghill mentioned the
community was also concerned about the dwindling
number of local students. Since Nenana had (and has)
a large school facility, as well as a dedicated and
professional staff, the school board with the
community's support made the decision to build a dorm
and then fill their classrooms with students from
around the state -- which is exactly what has happened
for the past three years.
This year the students of NSLC represented 27
different villages. The first year there was some
advertisement about the opening of the new facility;
but since then the only advertisement has been by word
of mouth. Yet each fall there have been some good
applicants who have had to be denied acceptance
because of lack of space. The NSLC is running at full
capacity while there is an ever-growing waiting list
of student applicants. I think this is a fact that
indicates the need of boarding school programs in the
state.
Number 1604
Recently I happened to tune into NPR's Talk of Alaska
radio show which that day was titled, "A Mt. Edgecumbe
Reunion." Several generations of Edgecumbe graduates
called in to talk about their positive experiences at
the boarding school. As I listened to it I was amazed
to listen to the similarities of these people's
comments and what I have witnessed at NSLC the past
three years. The callers' varied reasons for going to
Edgecumbe paralleled what has been written in NSLC
student applications: Students and families want the
safety, structure and stability which dorm living
offers; they seek a quality education with qualified
teachers and a variety of class offerings; they hope
for opportunities to participate in extra-curricular
activities; families want for their children a
foundation of accepting responsibility and developing
coping skills as they live away from home; dorm living
offers a transition from village life to the "bigger
world"; it is a step to further prepare those students
with ambitions to go on to college or vocational
school. The Edgecumbe graduates spoke about the many
positive aspects they appreciated: the strong
positive influence they felt in their lives as
teenagers; the lifelong friendships they developed;
the sense of family and community felt within the
boarding school; how conflicts were resolved and
friendships prevailed over any initial tribal
friction. Again, these comments are very similar to
what is heard from NSLC parents and students. One
speaker spoke of the sense of urgency she and other
students as well as staff members felt in '82 when
they were writing letters to legislators and
testifying in an attempt to keep the doors of
Edgecumbe open. And here we are calling you today.
She spoke of the great sense of loss and defeat when
the Edgecumbe doors closed in '83 for those several
years. And that is something that I am hoping can be
averted here in NSLC.
Just as Mt. Edgecumbe is fulfilling a need in the
state, the NSLC is fulfilling a need in the state.
Families from all around the state are seeking
educational alternatives for their children. The
NSLC, as well as Galena, offers an option in the
interior part of Alaska. For the first two years the
school district fully funded the NSLC. Now, in order
to continue to keep the NSLC doors open, financial
support is needed from the state. HB 425, if passed,
would provide that funding. Thank you for taking time
to hear testimony today.
Number 1811
RALPH LINDQUIST, Dean of Students, Nenana Student Living Center,
testified in support of HB 425 and answered questions from the
members. He echoed Mr. Jean's comments that the Nenana boarding
school is not the same kind of boarding school that was in place
30 years ago. The school is an option. Nenana does not go into
the villages trying to enroll students. People are seeking
Nenana, he said. Of the students who are enrolled this year and
who are eligible to come back next year, 80 percent have already
enrolled. Mr. Lindquist commented that March 31st is the
deadline for enrollment and acceptance letters will be sent
around the 1st of April. There are 200 applicants presently on
file and it will be necessary to pick and choose 75 of them
because that is all the school has room for next year. It would
be a shame to not only tell the 125 kids that there isn't room
for them, but to also tell the other 75 that they won't be
accepted because of lack of funding.
MR. LINDQUIST explained that when the kids in town are having
parent/teacher conferences during the first and third quarters
the school sends six teams out to the villages to meet with
parents. One team just returned from St. Mary and Mountain
Village and the number of requests for enrollment is scary as
our demand keeps going up and the number of slots open keeps
going down, he said. Mr. Lindquist explained that the Nenana
community does not ever wish to be larger that 100 students.
MR. LINDQUIST commented that Representative Coghill said that
Nenana would provide for 100 students, but it will really only
have room for 75. At that number it will generate about $4,450
per student if HB 425 passes as written. He said with 75 kids
that is about $338,000 which is probably less than the top
dollar amount the bill is looking at.
MR. LINDQUIST told the members that in the first year, 2001-2002
Nenana received zero funding for the operations of the Nenana
Student Living Center, for 2002-2003 it again received zero
funds, but in 2002-2003 the center received a one-time grant of
$500,000.
Number 1894
MR. LINDQUIST said that according to a report published by
Senator Wilkens if the 75 students who attended Nenana Student
Living Center had stayed in their home communities, it would
have cost the state of Alaska an additional $350,000. In
summary he said, Nenana is providing an excellent education and
doing it for less money than it would cost to educate the
student's in their home village.
Number 1915
CHAIR WILSON asked if she understands correctly that community
of Nenana built the boarding school and hoped that the money
would follow.
MR. LINDQUIST replied that he was not at Nenana when this took
place. He thought perhaps Representative Coghill might have
some background on that. Mr. Lindquist explained that he had
been an educator in a K-12 facility and decided to take some
time off. He then got involved in this project and has found it
totally consuming. The staff and the school district is so
supportive of this program that ways have been found to fund it.
Number 1967
LISA BROOKS, student, Nenana Student Living Center, testified in
support of HB 425 and answered questions from the members. She
explained that she and her two sisters attend the Nenana Student
Living Center. Originally she lived in Nenana and living at the
center has given her the opportunity to improve her grades. Ms.
Brooks said she is currently an honor student which is something
she had never achieved before. She said the staff members
really care about the students, and the activities are great.
Ms. Brooks added that she is a member of the snowboarding club.
There are a wide variety of course offerings such as EMT,
culinary arts, and construction classes, she said.
Number 2038
CHAIR WILSON asked if Ms. Brooks lives at home or in the
boarding school.
MS. BROOKS responded that she lives at the living center. She
said that when her dad got a job in Fort Yukon she had the
choice of going to Fort Yukon or staying in Nenana and attending
the Nenana Student Living Center. She commented that she is
happy she stayed in Nenana.
Number 2064
JOHN GRIMES, Dormitory Parents, Nenana Student Living Center,
testified in support of HB 425 and answered questions from the
members. He shared that he and his wife came to Alaska in 1994
from Dallas, Texas, with their six children. Because of the
work he had done with teenagers he believed this boarding school
would be a good thing for the community and the students who
enrolled. He spoke at a community hearing and was asked to
serve on the steering committee to move forward with the
process.
Number 2141
MR. GRIMES commented that earlier the question was asked about
the plan for funding when the boarding school program was first
explored. He said that the community believed that "if you
build it, the money will come." The reality is that the money
was not there and it was a rude awakening. Ralph Lindquist,
Dean of Students, should be credited with getting the living
center on a good solid foundation, he said.
MR. GRIMES said that he had no intention of being involved with
the school, but he and his wife were asked to be dormitory
parents. For the first two years they were in the girls wing
and it was an incredible experience. Mr. Grimes told the
members that the third year they decided it was time for a
change and have been in the boys' wing. He said that he just
returned from a week in Kongiganak where there were parent
conferences. It was a great trip and students are very excited
about going to Nenana. He said he believes what he and his wife
bring to the school is their experience raising seven kids, only
one of which is still at home. Mr. Grimes told the members that
these kids come there scared, without direction in what to do in
life, and the staff just helps to guide them and do whatever can
be done. This is an incredible program and urged the members to
support HB 425. In closing he said he does not want to look
these guys in the eyes and tell them they can't come back. That
would be the toughest hall meeting he could have with these
guys, he said.
Number 2243
CHAIR WILSON asked if his children live with him at the
dormitory.
MR. GRIMES replied that all but one child is grown and gone from
home. Nathaniel is ten and lives in the dorm and goes to Nenana
school, he has 17 big brothers and 40 or 50 big sisters. He
commented that he has the typical little brother syndrome where
he gets on the older boy's nerves, the older boys put him in his
place, and everything's fine. He said Nathaniel loves it, we
love it, and believes the students do too.
Number 2308
JIM SMITH, Superintendent, Galena Residential School Program,
Galena City School District, testified in support of HB 425 and
answered questions from the members. In response to
Representative Gatto's question, Mr. Smith responded that Galena
shares several programs with Nenana. Some of the funding that
the boarding schools have enjoyed have come from federal
assistance through Senator Stevens. Currently Galena is in the
first year of support from an Alaska Natives grant which is
funding five staff members at the Galena dormitory, two staff
members at the Nenana dormitory, and three staff members at Mt.
Edgecumbe. He explained that all of that funding is directed
toward training for the ASSETS program which was brought to the
school by the Alaska Association of School Boards.
MR. SMITH told the members that Galena does not operate with
dormitory parents as Nenana does; it has a dormitory staff. The
dormitory houses 85 students at the former airbase. There is a
director with 12 dormitory staff,.three of which are hall
managers, two floor managers, and six residential advisers. The
model Galena uses is close to what one would expect to see in a
college. He agreed with much of the previous testimony the
members have heard with respect to the return rate of students.
This year it was 100 percent, and there is a waiting list for
next year. The school has prioritized the waiting list to give
preference to siblings who are currently enrolled.
REPRESENTATIVE GATTO pointed out that in addition to the
boarding school program Galena also has the Interior Distance
Education of Alaska (IDEA) program. He asked if the two
programs are involved in any way.
TAPE 04-26, SIDE B
Number 2380
MR. SMITH explained that the residential students are in a
separate program on the base. He said that students are bused
between the two city schools and the base for the vocational
program. Students who are enrolled in the IDEA correspondence
school program do come to Galena for two weeks when the students
spend time in different vocational programs. For example, there
is a pre-flight school where IDEA students come to Galena, stay
at the dormitory, and take part in some of the introductory
pilot training classes. The same is true of the mechanics
course that is offered. However, Mr. Smith emphasized that the
students in the residential program do not use the
correspondence program.
Number 2324
ALFRED KETZLER, Executive Director, Nenana Native Council,
testified in support of HB 425. He told the members that Nenana
has a long history of boarding schools dating back to the turn
of the century when the Episcopal Church ran a boarding school
through the 1950s. Then again in the late 1960s the local
church ran a boarding school program which continued through
1974, when it was taken over by the housing authority out of
Fairbanks until the 1980s. Mr. Ketzler explained that there was
a period of time after that when no boarding home in Nenana
existed. The community began working together again on the
boarding home concept because Nenana had a large school and
plenty of room for students.
MR. KETZLER shared that the local tribe has just announced that
it will be breaking ground in June on a recreational youth
education center. It will be a multi-purpose center, but will
be primarily used to create additional opportunities for
activities for the students who come to Nenana from all over the
state. He said that he believes this is a very strong
indication of the tribe's support of the boarding home program.
Number 2216
ANN ESMAILKA, parent of a student at Nenana Student Living
Center, testified in support of HB 425. She told the members
that she is very pleased with the way the boarding school is
operated. The educational opportunities are challenging and
there are also more recreational activities available to the
students than what is provided in the village.
Number 2163
REPRESENTATIVE GATTO asked Mr. Jeans for clarification on the
statement that the base student allocation follows the student.
The base student allocation in Nenana is based on the number of
students for that district, and not on the base student
allocation provided to the home district of the student.
Number 2144
MR. JEANS replied that is correct.
REPRESENTATIVE GATTO commented that since that is true, there is
a net savings to the state when a student transfers to a
boarding home program, even though there is a net cost in
funding the boarding school. He said he believes it is probably
not "a wash," but certainly not as lopsided as it might seem to
be.
CHAIR WILSON said that at Mt. Edgecumbe the students get an
excellent education. She asked what the funding level is at Mt.
Edgecumbe.
MR. JEANS replied that Mt. Edgecumbe receives a little over
$14,000 [per student] for the instructional and residential
components.
CHAIR WILSON commented that it is important to look at the costs
of these programs and what is being accomplished.
REPRESENTATIVE COGHILL told the members that he included a
sunset provision in the bill deliberately to ensure that the
legislature will take a close look at boarding school programs.
Number 2069
REPRESENTATIVE KAPSNER moved to report HB 425, Version H, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, House Health, Education
and Social Services Standing Committee reported CSHB 425(EDU)
out of committee.
HB 427-PROTECTION OF PERSONS AND PROPERTY
Number 1998
CHAIR WILSON announced that the next order of business would be
HOUSE BILL NO. 427, "An Act relating to guardianships and
conservatorships, to the public guardian and the office of
public advocacy, to private professional guardians and private
professional conservators, to court visitors, court-appointed
attorneys, guardians ad litem, and fiduciaries, and to the
protection of the person or property of certain individuals,
including minors; amending Rules 16(f) and 17(e), Alaska Rules
of Probate Procedure; and providing for an effective date."
Number 1960
JIM SHINE, Staff to Representative Tom Anderson, Alaska State
Legislature, presented the bill on behalf of Representative
Anderson, sponsor of HB 427. He provided the following sponsor
statement:
HB 427 will go a long way towards preventing
exploitation and mistreatment of vulnerable and
incapacitated adults receiving the services of a
private guardian or conservator. It was drafted with
input from the Alaska State Association for
Guardianship and Advocacy, also known as ASAGA, the
Office of Public Advocacy, Adult Protective Services,
the Long-Term Care Ombudsman's office, the Disability
Law Center, and the Senior Advocacy Coalition.
In Alaska, professional guardians (both private and
public) and family guardians provide services to
approximately 2,500 disabled, vulnerable adults.
Under current law, private guardians and conservators
- individuals with the responsibility to make housing,
legal and medical decisions for the disabled, infirm,
mentally ill, and seniors - are completely unregulated
by the State. Many other states regulate their
private guardians appropriately so. Vulnerable and
incapacitated adults are easy prey for those wishing
to exploit their resources.
This legislation would grant the State regulatory
authority over private guardians and conservators and
establish minimum qualifications and standards. The
State oversight and standards for such a sensitive and
critical job will help ensure that vulnerable and
incapacitated adults receive the care they deserve.
HB 427 would ensure those individuals or organizations
wishing to serve as private guardians or conservators
meet certain criteria, and register with the State.
Specifically, this legislation requires private
guardians to be certified by the National Guardianship
Foundation and have at least 2 years of professional
experience working with clients, or a degree in human
services, social work, psychology, sociology,
gerontology, special education, or a closely related
field. HB 427 will also require guardians to have
experience in financial management or a degree in
accounting. Critically, this legislation prohibits
private guardians from registering with the State and
practicing until a State and national criminal
background check is performed.
Finally, HB 427 allows the Division of Occupational
Licensing to revoke a private guardian's license if he
or she has been found to have abandoned, exploited,
abused, or neglected his or her ward, or has become
unfit due to professional incompetence. In short,
through regulatory oversight and the establishment of
professional and academic standards, this legislation
will help ensure disabled adults are not exploited by
those entrusted to manage their affairs.
Number 1882
REPRESENTATIVE GATTO moved to adopt CSHB 427, 23-LS1627\D,
Bannister, 4/1/04, before the committee as the working document.
There being no objection, CSHB 427, Version D, was before the
House Health, Education and Social Services Standing Committee.
MR. SHINE responded that he will defer to Betty Wells who has
been working with the drafter on the bill. He commented that it
is his understanding that Version D has taken away most of the
registration requirements and placed the responsibility with the
Division of Occupational Licensing.
Number 1854
REPRESENTATIVE SEATON asked if the committee could be advised of
the differences between Version A and Version D.
Number 1806
BETTY WELLS, President, Alaska State Association for
Guardianship Advocacy (ASAGA); testified in support of HB 427
and answered questions from the members. She provided the
following statement:
In terms of what you have in front of you, the first
ten pages are the sections [Sec. 13.26.]500 through
[Section 13.26.]590 from the earlier draft and took
the statutory regulations pretty much verbatim out of
500 through 590 and put that into Occupational
Licensing. So the first ten pages of the committee
substitute were in the old draft, they were just in
the back. In addition to doing that it also added
some new language with requirements for licensure in
terms of age of the person, education, experience, and
provides for a temporary license and those are in
08.26.030 and 040, on page two of the committee
substitute. That is the major change from the draft
to the committee substitute.
CHAIR WILSON commented that this is an effort to pull all of
[licensing requirements] together.
MS. WELLS replied that the requirements were in the
guardianships statutes in AS 13.26. They were moved out of the
registration for private professional guardians and pulled
together and moved to the statutes for occupational licensing
which is in AS 08.01. After conferring with the Division of
Occupational Licensing it was decided that there was greater
comfort in monitoring this program by calling it a license, she
said. It has gone from a registration to a license under the
Division of Occupational Licensing, she added.
MS. WELLS told the members that the other language in the bill
is clarifying current statutory language and practice. She
reiterated that the vital changes are in the first ten pages of
the committee substitute which regulates private guardians. Ms.
Wells explained that currently Alaska has no regulations in
place. A couple of years ago there was an incident with a
private agency and it eventually went bankrupt. There is still
fallout from that, and this event made ASAGA realize that it
could no longer be thought that Alaskans are protected, she
said.
MS. WELLS said that Alaska is not alone in the effort to protect
vulnerable adults. She shared that there have been recent news
articles in the Detroit Free Press and out of Queens, New York
expressing the need for wide spread reform.
Number 1712
MS. WELLS reiterated Mr. Shine's comments that this was a
collaborative effort which took place over the last six years.
Number 1682
REPRESENTATIVE WOLF asked Ms. Wells if she is a guardian.
MS. WELLS replied no. She told the members that she is a court
visitor in the Third Judicial District in Anchorage. Ms. Wells
explained that she has been working with adult guardian
investigations for about 15 years.
REPRESENTATIVE WOLF asked Ms. Wells if she has a family member
or a personal friend that is a guardian.
MS. WELLS responded that she does not. She emphasized that she
works with guardians. Ms. Wells explained that she is a
registered guardian with the National Guardianship Foundation
through her work and has served as a guardian on a contract
basis through the Office of Public Advocacy at different times.
She stated she primarily works as a court investigator.
Number 1622
REPRESENTATIVE GATTO commented that the bill is 28 pages long,
and the sectional analysis has 33 parts. He asked if Ms. Wells
would provide a summarizing statement.
MS. WELLS reiterated that the first ten pages of the committee
substitute is new legislation which is being proposed to
regulate private agencies. Currently there is no legislation in
place. For example, a person could have a felony conviction for
embezzlement and if a judge were conned into appointing that
person he/she could serve as a guardian. She explained that the
new legislation takes the responsibility away from the judges
and places the licensing requirement with the Division of
Occupational Licensing. The rest of the bill is basically
clarification and clean up language of the conservatorship and
guardianship statutes. She stated that ASAGA believes it is
essential to put trust back in the system. Ms. Wells told the
members that Alaska is far ahead of many states with respect to
the rights that are guaranteed to vulnerable adults.
Number 1491
REPRESENTATIVE GATTO asked what was the composition of the group
who developed what constituted good regulations.
Number 1479
MS. WELLS responded that there was a study done by the McDowell
Research Group in 1997 which was funded through the Division of
Senior Services in Anchorage. The McDowell Study made six major
recommendations. The groups that has been working on this since
1997 are the Disability Law Center, private attorneys, public
guardians, private guardianship agencies, court officials,
family guardians, Adult Protective Services, and the Long-Term
Care Ombudsman.
REPRESENTATIVE CISSNA asked if the group looked at what other
states have done.
MS. WELLS replied that currently Washington and Arizona require
that a private professional guardian be licensed or registered
with the state and be certified by the National Guardianship
Foundation. As of January 1, 2003 Florida requires all
professional guardians be licensed and seek ongoing education.
California is now working on state specific certification that
will work with national certification. She said she believes
these states are ahead of Alaska. Ms. Wells explained that
there are states out there that do not offer respondents rights
of having an attorney or a court hearing. She summarized that
Alaska has been ahead in some of the recommendations that have
been made nationally, but HB 427 is an important bill.
Number 1308
JOSH FINK, Director, Office of Public Advocacy (OPA), testified
in support of HB 427 and answered questions from the members.
He told the members that he believes this bill is critical
because there is a need to regulate the professional industry
that has such immense power over vulnerable and incapacitated
adults. The state regulates hairdressers, but it does not
regulate people who make decisions about others medical care,
housing, or legal decisions. He reminded the members of an
incident that happened many years ago where a private guardian
went bankrupt. He commented that the office is still dealing
with the consequences of that event.
MR. FINK said he believes it is important to ensure the
integrity of this industry with the public and the courts. He
explained the OPA is currently the guardian of last resort.
When looking for a guardian the family is considered first and
then private organizations are suppose to be considered before
going to OPA. However, increasingly the courts do not have any
level of confidence in the private guardians out there so OPA is
being appointed more and more. Mr. Fink said he would like to
encourage the development of more private professional guardians
and conservators. It would be better for private professionals
to cover that void than government agencies, he added. He said
he does not believe that there will be an industry developed
with the level of confidence needed in the private sector until
there are state regulations in place.
Number 1188
REPRESENTATIVE WOLF asked Mr. Fink if he, any member of his
family, or a personal friend are guardians.
MR. FINK replied that there a number of public guardians in the
agency. He commented that Jim Parker, Supervisor, Public
Guardians Section, of OPA, and Steve Young, lead public
guardian, are sitting in on this meeting. Mr. Fink added that
he is also acquainted with "B" Jarvi in Fairbanks who is a
private guardian.
REPRESENTATIVE WOLF asked if these individuals have gone through
the process and have answered the questions necessary to be a
guardian for a vulnerable adult.
MR. FINK commented that Sharon Wells was instrumental in
crafting the legislation. He said OPA's public guardians,
including Steve Young and Jim Parker worked on the bill also.
The Private Guardian Services Corporation (PGSC) where "B" Jarvi
is associated has been a member of ASAGA, but recently, he said
it withdrew from the group.
Number 1087
REPRESENTATIVE SEATON referred to page 16, lines 7 through 11
and read the following new language:
When appointing a relative or a friend of the
incapacitated person as the guardian of an
incapacitated person, the court shall require that the
proposed guardian complete one hour of manadatory
education on the basics of a guardianship before the
appointment or within 30 days after the appointment.
REPRESENTATIVE SEATON asked if the one-hour course exists now or
is a requirement that will be formulated after the passage of
this legislation.
Number 1036
MR. FINK responded that the OPA currently provides training to
families on how to provide guardianship services. That training
is made available to communities and there are a number of
people who offer classes. He added that OPA also has books,
videos, and written material which has been put in public
libraries. He added that currently OPA has distributed material
to the courthouse as well. In summary this is not a class that
needs to be created, the material is already available, Mr. Fink
said.
Number 1011
REPRESENTATIVE KAPSNER asked if any faith-based groups are doing
this kind of work.
MR. FINK replied not to his knowledge.
REPRESENTATIVE KAPSNER asked if guardian ad litems for adults
with disabilities is pretty much the same as guardian ad litems
for children in need of aid cases (CINA).
MR. FINK responded that the two are different. The guardian ad
litems in a child's case represents the best interest of the
child. When the problems are resolved, the guardian ad litem is
no longer involved. When there is an adult with a public or
private guardian typically most disabled adults have life-long
disabilities and the guardian would be a long-term guardian and
would be looking out for the best interest of the client.
REPRESENTATIVE KAPSNER commented that in CINA cases the guardian
ad litems are appointed, and asked if it works the same way with
guardians.
MR. FINK replied there are two different processes. In CINA
cases typically the state will removed a child from the home,
and start the court process. However, with guardianship case a
petitioner could be a family member, a friend, or a co-worker.
It still requires going to court, but there are different laws
that apply, he said.
Number 0850
REPRESENTATIVE KAPSNER referred to Section 7 in the sectional
analysis where it says:
Section 7. Deletes an option for a guardian to
request that a visitor be appointed to prepare and
submit a report. Requires a court to appoint a
visitor every three years to file a report reviewing
the guardianship.
REPRESENTATIVE KAPSNER commented that she is unfamiliar with the
terminology and asked what the term "visitor" means in this
case.
Number 0850
MS. WELLS replied that the current language indicates that a
visitor would be appointed to do a report. The intent of the
statute is that a visitor would be appointed to do a report
reviewing guardianship every three years. The guardian has to
do a report every year, and then every three years a visitor has
to do a report for the courts. This is just clarifying
language, she commented.
REPRESENTATIVE KAPSNER reiterated that she does not know what
"visitor" means in this context.
MS. WELLS responded that in this bill a visitor is an
investigator. The visitor provides notice to the person and
talks to the petitioner, the person, the doctor, and relatives.
The visitor provides a report to the court prior to a guardian
being appointed. Then every three years the visitor provides a
review of the guardianship to the court. This language just
clarifies that a review is done every three years, not every
year, she said.
Number 0750
JIM PARKER, Attorney, Public Guardian Section, Office of Public
Advocacy, testified on HB 427. He told the members that the
Office of Public Advocacy is the agency of last resort. It
provides guardianship services to disabled adults who do not
have family or friends available to serve. When a private
organization went bankrupt a few years ago it left a lot of
people in bad shape, he said. It is important that it does not
happen again. He said he believes that HB 427 will not make it
too onerous or difficult for those who are willing to serve, Mr.
Parker commented. There needs to be a good balance that will
protect vulnerable Alaskans.
Number 0636
"B" JARVI, Professional Guardian, Professional Guardian Services
Corporation, testified on HB 427. She told the members that
private professional guardians are not notified that cases are
available from the court visitor, the court itself, or the OPA
contract attorney. Ms. Jarvi said she has been told that it is
the decision of the head court visitor to omit notifying
professional guardians of cases available. Ms. Jarvi told the
members that since she is not in court it is a bit hard for the
courts to determine whether the services provided are
trustworthy or not.
MS. JARVI said she has been told that the latest data reflects
that professional private guardians only have ten percent of the
cases, which means the OGA who regulates the private guardian
industry is also the main competitor. She told the members that
when she does hear of a case and goes into court she is
confronted by the OPA contract attorney who is paid by the hour
by the OPA, a court visitor who is paid by the OPA, and members
of the staff of the OPA fighting for the case. She told the
members there is a stacked deck against professional private
guardians.
MS. JARVI testified that she has no problem with certification
of professional or private guardians and believes it to be a
good idea for everyone. However, she said she believes that the
guardians in the state OPA should also meet the same criteria
and court visitors should also have standards imposed upon them
with respect to professional liability. She added that there
should also be background checks required of OPA staff, court
visitors, and contractors.
Number 0399
MS. JARVI explained that OPA is currently setting fees for her
business at $40 per hour, as opposed to what it actually costs
to provide this service. She explained that she cannot compete
at that rate and still cover the overhead costs. Ms. Jarvi
reiterated that she is glad to meet any standards and criteria
provided that there is a level playing field and the same
criteria applies to everyone else. She explained that there is
a lot of conflict between the private guardians and OPA because
it has the option of regulating the private guardians. Someone
has to regulate the industry, but by far the large number of
complaints are against OPA, not the private guardians, because
no one is regulating OPA, she pointed out. Ms. Jarvi commented
that she believes Alaska statute provides very good protection.
She reiterated the unfairness of the agency regulating and
reviewing its competition.
MS. JARVI stated that this bill is a self-serving bill to
increase staffing and the role of OPA. Under statute OPA is
required to look for alternate guardians and conservators. This
is not happening, Ms. Jarvi told the members.
MS. JARVI shared an experience where she had a respondent
nominate her as guardian, go to court, only to have the OPA
attorney steer the case to OPA. Even though he is suppose to
represent the respondent, he also is the guardian ad litem and
projects his wishes as if it were the respondents, she said.
TAPE 04-27, SIDE A
Number 0038
MS. JARVI emphasized the importance of having a level playing
field. She urged the members to ensure that the OPA does not
compete with the private sector. The system needs to be fixed,
she said.
Number 0107
CHAIR WILSON announced that HB 427 would be held in committee.
ADJOURNMENT
There being no further business before the committee, the House
Health, Education and Social Services Standing Committee meeting
was adjourned at 5:00 p.m.
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