Legislature(1997 - 1998)
04/25/1997 03:40 PM House HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE HEALTH, EDUCATION AND SOCIAL
SERVICES STANDING COMMITTEE
April 25, 1997
3:40 p.m.
MEMBERS PRESENT
Representative Con Bunde, Chairman
Representative Joe Green, Vice Chairman
Representative Brian Porter
Representative Fred Dyson
Representative J. Allen Kemplen
Representative Tom Brice
MEMBERS ABSENT
Representative Al Vezey
COMMITTEE CALENDAR
HOUSE BILL NO. 16
"An Act relating to delinquent minors, to the taking of action
based on the alleged criminal misconduct of certain minors, to the
services to be provided to the victims of criminal misconduct of
minors, and to agency records involving minors alleged to be
delinquent based on their criminal misconduct; and amending Rule 19
and repealing Rules 6, 7, 11(a), 12(a), and 21(f), Alaska
Delinquency Rules."
- HEARD AND HELD
HOUSE BILL NO. 213
"An Act relating to teacher certification."
- HEARD AND HELD
HOUSE BILL NO. 190
"An Act relating to the participating share for school construction
grants; and providing for an effective date."
- HEARD AND HELD
(* First public hearing)
PREVIOUS ACTION
BILL: HB 16
SHORT TITLE: JUVENILE DELINQUENCY PROCEDURES
SPONSOR(S): REPRESENTATIVE(S) KELLY
JRN-DATE JRN-DATE ACTION
01/13/97 31 (H) PREFILE RELEASED 1/3/97
01/13/97 31 (H) READ THE FIRST TIME - REFERRAL(S)
01/13/97 31 (H) HES, JUDICIARY
04/25/97 (H) HES AT 3:30 PM CAPITOL 106
BILL: HB 213
SHORT TITLE: REQUIREMENTS FOR TEACHER CERTIFICATION
SPONSOR(S): REPRESENTATIVE(S) KUBINA
JRN-DATE JRN-DATE ACTION
03/25/97 828 (H) READ THE FIRST TIME - REFERRAL(S)
03/25/97 828 (H) HES
04/25/97 (H) HES AT 3:30 PM CAPITOL 106
BILL: HB 190
SHORT TITLE: SCHOOL CONSTRUCTION GRANT PROGRAM
SPONSOR(S): REPRESENTATIVE(S) JOULE
JRN-DATE JRN-DATE ACTION
03/12/97 640 (H) READ THE FIRST TIME - REFERRAL(S)
03/12/97 640 (H) HES, STATE AFFAIRS, FINANCE
04/25/97 (H) HES AT 3:30 PM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE PETE KELLY
Alaska State Legislature
Capitol Building, Room 411
Juneau, Alaska 99801
Telephone: (907) 465-2327
POSITION STATEMENT: Sponsor of HB 16
MARGOT KNUTH, Assistant Attorney General
Central Office
Criminal Division
Department of Law
P.O. Box 110300
Juneau, Alaska 99811-0300
Telephone: (907) 465-3191
POSITION STATEMENT: Testified on HB 16
THOMAS VanBROCKLIN, Legislative Assistant
to Representative Kubina
Alaska State Legislature
Capitol Building, Room 404
Juneau, Alaska 99801
Telephone: (907) 465-4859
POSITION STATEMENT: Testified on HB 213
REPRESENTATIVE GENE KUBINA
Alaska State Legislature
Capitol Building, Room 404
Juneau, Alaska 99801
Telephone: (907) 465-4859
POSITION STATEMENT: Sponsor of HB 213
DIANE CRONK
P.O. Box 554
Northway, Alaska 99764
Telephone: (907) 99764
POSITION STATEMENT: Testified on HB 213
NANCY BUELL, Ed. D., Director
Teaching and Learning Support
Department of Education
801 West Tenth Street, Suite 200
Juneau, Alaska 99801-1894
Telephone: (907) 465-8689
POSITION STATEMENT: Testified on HB 213
DAVID REAUME, Member
Juneau School Board
10746 Horizon Drive
Juneau, Alaska 99801
Telephone: (907) 586-9677
POSITION STATEMENT: Testified on HB 213
REPRESENTATIVE REGGIE JOULE
Alaska State Legislature
Capitol Building, Room 405
Juneau, Alaska 99801
Telephone: (907) 465-4833
POSITION STATEMENT: Sponsor of HB 190
DAVID BELL, Director of Property Services
Northwest Arctic School District
P.O. Box 51
Kotzebue, Alaska 99752
Telephone: (907) 442-3476
POSITION STATEMENT: Testified on HB 190
JOHN ATCHAK
P.O. Box 157
Chevak, Alaska 99563
Telephone: (907) 858-7712
POSITION STATEMENT: Testified on HB 190
GREG FLAST
P.O. Box 157
Chevak, Alaska 99563
Telephone: (907) 858-7712
POSITION STATEMENT: Testified on HB 190
MICHAEL A. MORGAN, PMP, Manager
Facilities Section
Education Support Services
Department of Education
801 West Tenth Street, Suite 200
Juneau, Alaska 99801-1894
Telephone: (907) 465-2891
POSITION STATEMENT: Testified on HB 190
B. A. WEINBERG, Lobbyist
Kashunamiut School District
Aurora Corporate Enterprises, Inc.
300 Hermit Street, Number 12
Juneau, Alaska 99801
Telephone: (907) 586-3897
POSITION STATEMENT: Testified on HB 190
ACTION NARRATIVE
TAPE 97-34, SIDE A
Number 0000
CHAIRMAN CON BUNDE called the House Health, Education and Social
Services Standing Committee meeting to order at 3:40 p.m. Members
present at the call to order were Representatives Bunde, Porter and
Dyson. Representatives Kemplen, Green and Brice arrived at 3:43
p.m., 3:48 p.m. and 4:18 p.m., respectively. Representative Vezey
was absent. This meeting was teleconferenced to Anchorage,
Kotzebue, Mat-Su, Northway and offnet sites.
HB 16 - JUVENILE DELINQUENCY PROCEDURES
Number 0035
CHAIRMAN BUNDE said a quorum was not present, but they would begin
to hear testimony on HB 16, "An Act relating to delinquent minors,
to the taking of action based on the alleged criminal misconduct of
certain minors, to the services to be provided to the victims of
criminal misconduct of minors, and to agency records involving
minors alleged to be delinquent based on their criminal misconduct;
and amending Rule 19 and repealing Rules 6, 7, 11(a), 12(a), and
21(f), Alaska Delinquency Rules."
Number 0053
REPRESENTATIVE PETE KELLY, Sponsor of HB 16, stated that juvenile
crime has become a great problem in this state and people have
expressed concern about it. In November of 1995, the Governor
convened a conference on youth and justice in order to find some
solutions to this growing problem. This conference produced a
number of recommendations for pieces of legislation including HB 6,
the disclosure bill. He said HB 16 compliments HB 6 and includes
a number of recommendations from that youth conference.
REPRESENTATIVE KELLY explained that HB 16 authorizes;
municipalities to take minors to civil court, provides for a
victim/witness assistance program, a dual sentencing procedure,
involves communities in the informal adjustment of the juvenile
offenders, addresses some of flaws in the community service laws
and increases communication between the Department of Health and
Social Services (DHSS) and law enforcement.
Number 0217
CHAIRMAN BUNDE asked the Administration's position on HB 16.
Number 025
REPRESENTATIVE KELLY responded that, in his opinion, the
Administration favored this legislation.
Number 0243
MARGOT KNUTH, Assistant Attorney General, Central Office, Criminal
Division, Department of Law, said she worked on youth and justice
issues addressed by the Governor's Conference on Youth and Justice
of which Representatives Porter and Kelly were active participants.
The conference focused on low level offenders; the need to provide
more consistent and predictable consequences for these juveniles
and how to monitor those who were at risk of being chronic, serious
offenders. She said HB 16 addresses both of those issues and the
Administration endorses this bill.
Number 0365
MS. KNUTH explained that in terms of low level offenders, as the
state is more restricted in its funding and personnel, there needs
to be a stronger focus on the serious offender. A large gap is
being created in terms of responding to low level offenders. While
this is happening, communities are stepping forward in order to
address low level offenders, particularly those who are committing
misdemeanor offenses. This provides a good opportunity for a
partnership between the state and communities to make sure there
are consequences. These consequences need not be particularly
severe, but they must be predictable and consistent.
MS. KNUTH said that HB 16 provides a couple of different
approaches; it creates a civil penalty procedure that
municipalities can use and it authorizes the DHSS to enter into
agreements with communities about how they want to respond to low
level offenses. Possible examples include youth court, village
court and pre-trial type diversion panels such as are being used in
the Mat-Su area. These examples provide an authority presence
before which the offender makes an appearance. These systems serve
as an alternative to going through the DHSS formal delinquency
procedures. These programs give the juvenile a choice. He or she
can either go through the traditional juvenile delinquency
procedures, possibly resulting in formal juvenile adjudication, or
the juvenile can choose to go through this informal process where
they will not receive a criminal record and cannot be given any
time in detention, but short of that they can be ordered to perform
community work service, make restitution, write a letter of
apology, seek counseling, work with their family and other things
which bridge the distance between that juvenile and society. This
process attempts to give the juvenile the opportunity to get back
into mainstream society.
Number 0555
MS. KNUTH stated that the other end of the spectrum are those
juveniles who are at risk of becoming serious, chronic offenders.
On a national level, as the number of offenses increases, states
have lowered the age at which juveniles are treated as adult
offenders and are given adult sentences. Studies are uncovering
some problems with this approach such as a higher rate of
recidivism by these juveniles. These juveniles are more likely to
commit another crime, the new crime is likely to be more serious
and their commission of a new offense is likely to occur faster
than that of those in the juvenile system. These things can be the
result of a couple factors, one of which is that we have targeted
a group which is particularly egregious in their behavior and so
they are self-selecting to be more serious offenders. Another
factor can be that once you put the juveniles through the adult
system you are putting them with some real experts at criminal
offenses, creating a situation which is less rehabilitative and
possibly destructive. These experiences have led to a nationwide
search for an alternative. The dual sentencing provision shows the
most promise of any alternative.
MS. KNUTH explained that if a juvenile commits an offense that
would be an automatic waiver offense if they were older or a
situation occurred where the child was 16 or 17-years-old and
committed a number of offenses, then they would go through the
juvenile proceedings but they would also be indicted by a grand
jury. When this juvenile is adjudicated, they receive both a
juvenile and an adult sentence. This adult sentence hangs over
their head if they do not comply with all the requirements of the
juvenile sentence. These requirements include making restitution,
committing no new offenses, performing whatever treatment orders
were entered by the court and whatever is seen to be the
restorative, rehabilitative mechanism for that child. The dual
sentencing provision gives the child a sense of responsibility for
staying out of the adult system. What happens would be under her
or his control. This is seen as something that could motivate
compliance with a juvenile sentence, something which is not
currently being experienced under the current system.
Number 0658
MS. KNUTH said there are questions about whether or not all the
constitutional safe guards, associated with an adult criminal
conviction, are included in the juvenile delinquency proceedings.
She assured the committee that Alaska already provides all of those
safe guards, with the exception of the right to indictment. This
right was added in the state's procedure so that anybody who could
be subject to dual sentencing will be indicted as is required for
any adult conviction. She said that juveniles have the right to a
trial by 12 jurors on all offenses, including misdemeanor offenses.
Adults are only afforded the right to a 12 person jury trial in
felony cases and have a six person jury in misdemeanor offenses.
Number 0817
MS. KNUTH referred to the disclosure of juvenile information and
explained that currently parents have the ability to go to a
legislator and discuss a Child in Need of Aid (CINA) case or a
delinquency case. Currently, the DHSS is not able to provide any
information to the legislator about that case. There are two
provisions in HB 16; one addressing delinquents and one for CINA
cases. These provisions would allow information to be provided by
DHSS, instead of that person only receiving one segment of
information.
Number 0866
CHAIRMAN BUNDE asked if this impacted federal law.
Number 0872
MS. KNUTH said no, because it is a select disclosure instead of a
broad based public disclosure. A clause is included in HB 16
regarding that this disclosure is done on a need to know basis.
Number 0970
MS. KNUTH referred to a posted chart which showed that for the dual
sentencing process, one would start with the district attorney and
seek the grand jury indictment. If there is a new offense or a
failure to comply after juvenile treatment, then a petition would
be filed which could result in the imposition of the adult sentence
including jail time. The second chart related to juvenile
delinquency proceedings where two processes are available. One is
called an informal adjustment and the other is the formal
delinquency adjudication. The last chart explains that if you have
a violation and an arrest, the city of Anchorage would use a
hearing officer system resulting in an imposition of a civil
penalty. Anchorage has been successful in their use of this
system. She referred to a bill which would criminalize curfew
violations. This violation is currently being treated through the
civil penalty process. Both those who are involved in using the
civil penalties and the prosecutors who don't want additional work
are pleased with the civil process. Other communities do not have
a civil process in place and this bill would make it available.
Number 1041
REPRESENTATIVE JOE GREEN referred to dual sentencing. He asked if
a person was under age 13 on the first offense and over 13-years-
old on the second offense would that make any difference as opposed
to having both offenses occurring after age 13.
Number 1080
MS. KNUTH recollected that for the instances when dual sentencing
could be used for a 13, 14 or 15-year-old, it would only take them
one offense to get them there because of the severity of the crime.
The 15 and 16-year-olds would have committed multiple offenses,
some of which could have occurred when they were age 14 or younger.
Number 1097
REPRESENTATIVE FRED DYSON asked for a definition of civil
penalties.
Number 1111
MS. KNUTH answered that it was fines. A person could perform
community work service in lieu of the fine. The court cannot
initially order community work service because of an appellate
ruling which states that it is a criminal sanction, it is
involuntary servitude.
Number 1133
REPRESENTATIVE DYSON asked, under our existing state law or under
the change made by HB 16, how restitution is enforced and what
happens if the juvenile cannot do it. He asked what would happen
if the parents are unable to satisfy the requirements of
restitution.
Number 1161
MS. KNUTH answered that the state requires offenders to sign over
their permanent fund dividend (PFD) checks. This action has proven
to be a source of restitution which has made a difference to a lot
of victims. After that action, the offender is brought back to
court and queried about not paying the restitution. There are
those who cannot work or are not earning enough money. The court
tries very hard to work with the offender to come up with a
reasonable, realistic pay schedule. In terms of a parent's
liability for a juvenile's fines or court ordered restitution,
there is a statute which describes the age and amount.
CHAIRMAN BUNDE stated that the parents can be responsible for
restitution up to $10,000.
Number 1223
REPRESENTATIVE DYSON clarified that if the parents were not
immediately able to satisfy the amount, then there was a procedure
to seize their present and future PFD checks and garnish wages. He
asked if there was a procedure in this state allowing a parent to
go through a process to divorce their child.
Number 1251
CHAIRMAN BUNDE answered that you could emancipate a child, but that
it is a difficult process.
Number 1264
REPRESENTATIVE KELLY referred to a bill from last session, HB 387,
the juvenile crime rewrite. Provisions were included were
restitution could be enforced as a civil matter and after age 19
they could still be held liable.
Number 1287
REPRESENTATIVE DYSON referred to an example in Anchorage where they
were getting juveniles to clean up graffiti. He assumed that we
could not force them to clean it up. However the perpetrator could
agree to it at the time of adjudication and then it would be okay.
Number 1310
MS. KNUTH explained that if you are in a criminal proceeding, then
this type of service can be ordered. The appellate court decision
regards instances when you are in a civil proceeding, agreed to by
the juvenile, in lieu of a criminal proceeding. "The only time the
court cannot order and at this point it's only been community work
service that is generic work as opposed to clean up what you did,
is in the civil that that it's a civil, I'm going to say
prosecution and, and that's what it started out being and that's
all you're, you're trying for."
Number 1352
REPRESENTATIVE BRIAN PORTER mentioned that the emancipation of the
child is a difficult process. The child has to be capable of
independent emancipation as determined by the court.
CHAIRMAN BUNDE stated that it is a separate court proceeding.
Number 1372
MS. KNUTH said she grew up in California where there was a process,
called incorrigibility, where a parent could sign responsibility
for the child over to the state because the parent no longer felt
they could control or be responsible for the child. The child
might still be placed with the parent, but the parent would be
relieved of this type of responsibility. She cited a personal
example where she is the guardian for her 17-year-old nephew and
said that Alaska does not have a similar proceeding.
Number 1403
REPRESENTATIVE PORTER made a motion to adopt the committee
substitute, Chenoweth, dated April 24, 1997, as the working
document. Hearing no objections CSHB 16(HES) was before the
committee.
Number 1420
CHAIRMAN BUNDE asked about a fiscal note.
REPRESENTATIVE KELLY said language was purposefully pulled out of
HB 16 to prevent a fiscal note.
Number 1438
MS. KNUTH stated that there is not currently a fiscal note and she
did not anticipate a fiscal note on this draft.
Number 1464
REPRESENTATIVE PORTER asked if the victim/offender mediation
program would still be available.
Number 1500
CHAIRMAN BUNDE stated that this was the first time this bill was
heard and is the tradition of the committee it would be held to
give members a chance to review the bill.
HB 213 - REQUIREMENTS FOR TEACHER CERTIFICATION
Number 1530
CHAIRMAN BUNDE announced the next item on the agenda was HB 213,
"An Act relating to teacher certification."
Number 1555
THOMAS VanBROCKLIN, Legislative Assistant to Representative Kubina,
stated that Representative Kubina would arrive shortly.
Number 1584
REPRESENTATIVE GENE KUBINA, Sponsor of HB 213, referred to the
early retirement bill which passed last year allowing many teachers
to retire early. He mentioned a Fairbanks news article about their
school district authorizing their administration to put together a
recruitment team to look for teachers in the Lower 48. He was
bothered by this because there are roughly a thousand people on the
teacher placement list at the University of Alaska-Fairbanks (UAF).
He sought information on this subject. One person, a supporter of
the university system, told him that UAF doesn't put out good
teachers. No one wants to hire those teachers.
REPRESENTATIVE KUBINA explained that HB 213 is similar to a system
that he went through in California. A person has to get a degree
in something other than teaching, then they apply to the
university's department of education. Once accepted, the student
would do a year consisting of two semesters of methods classes and
student teaching. The student teaching would consist of one
semester in one school under one master teacher and the second
semester in another school under another master teacher. He stated
that he learned more while student teaching than he did from
methods classes. You really learn to be a teacher by teaching.
Number 1738
REPRESENTATIVE KUBINA felt that the state needed to demand more of
students getting a teaching degree through the state university
system and it should be done early. He stated that this process
would take an extra year for those just wanting to become teachers.
For people with a degree, who then decide they want to teach, they
would only need nine months. He felt it might help people who have
worked through a career, have degrees and want to come into the
system for a short, but intense period of time. He didn't think
that it was right to have people graduating from university,
certified to teach school, that aren't wanted.
Number 1811
CHAIRMAN BUNDE commented that he got a teaching degree in a state
where they required a fifth year, within the first few years of
teaching. He asked what area of specialization or degree would a
potential teacher get in order to teach elementary education.
Number 1837
REPRESENTATIVE KUBINA said that elementary teachers instruct every
subject, but usually at a lower level. A person should have a
degree in a basic subject area; whether it is math, science or
something else. He stated that his degree was in social sciences
with an emphasis in economics. When potential teachers took their
methods classes, they would be focusing on elementary school
education including reading or math. He felt the type of degree
should not be restricted.
Number 1880
CHAIRMAN BUNDE asked if HB 213 would require the same amount of
methods classes as is found in the current system.
Number 1896
REPRESENTATIVE KUBINA was not sure how many methods hours are
currently required.
Number 1899
CHAIRMAN BUNDE mentioned the difficulty of placing student
teachers. He commented that it was interesting that no one from
the university was here.
Number 1905
REPRESENTATIVE KUBINA said he has had discussions with various
university staff from the different universities. He said the
universities have different requirements for teaching degrees. The
Southeast program is well on the way to becoming something closer
to what HB 213 would propose. The university staff wanted him to
postpone hearing this bill for a week in order to prepare comments.
He wanted to present it to the committee in order to get comments
on the bill.
Number 1961
REPRESENTATIVE GREEN asked if the required degree would have
something at least associated with what you would ultimately be
teaching.
Number 2019
REPRESENTATIVE KUBINA answered that Alaska does not statutorily
require that a teacher teach in their field, possibly because of
the size of schools. He cited a personal example where he taught
outside his area of specialty which is sixth grade. He felt that
beginning in junior high, the state should tighten this leniency so
that people are teaching in their fields of instruction. He stated
that special education programs require a masters degree with
specialties.
Number 2058
CHAIRMAN BUNDE reminded the committee that the House passed a
teacher competency test, requiring basic teacher competencies. He
stated that if the local school board chooses to have them teach a
subject outside their area of expertise, then this was an issue of
local control.
Number 2074
REPRESENTATIVE KUBINA felt there should be testing before these
potential teachers entered the programs.
Number 2092
CHAIRMAN BUNDE pointed out that, at least at the University of
Alaska-Anchorage, there are some entrance requirements.
Number 2104
REPRESENTATIVE PORTER asked what classes now constitute an
education degree which would not be given under a one year methods
course.
Number 2160
DIANE CRONK, student, testified next via teleconference from
Northway. To become an elementary school teacher she has to take
an introduction to education, child psychology, a class for special
learners, two classes in math for elementary school teachers,
diagnosis and evaluation of learning, communication and cross
cultural classrooms, literature for children, art education,
teaching physical education and electives such as philosophy of
education. She felt HB 213 was okay for high school teachers, but
it was not appropriate for elementary school teachers. As a parent
she would want the best teachers for her children, not necessarily
teachers from Alaska.
MS. CRONK referred to the rural Alaskan program to encourage rural
Alaskans to get a teaching degree to return to their rural areas
and teach. She said they would not be able to get a degree in
anything except for rural development and education.
Number 2227
NANCY BUELL, Ed. D., Director, Teaching and Learning Support,
Department of Education, said her division includes teacher
certification. On behalf of the department, they support any
attempt to raise teaching standards. The commissioner has stated
in the past months that they have been working to raise teaching
standards in Alaska. This piece of legislation represents one kind
of bill for doing that.
Number 2262
DAVID REAUME, Member, Juneau School Board, explained that he was
not necessarily speaking on behalf of the school board. He
supported the theme behind HB 213. He felt the first thing that a
degree in a subject grants to a system is teachers with higher
academic qualities. He referred to a table listing various
undergraduates and their degrees, ethnicity and their scores on the
graduate record examination (GRE). People with teaching degrees
scored last, probably because they aren't well trained in the types
of things tested by the GRE.
TAPE 97-34, SIDE B
Number 0000
MR. REAUME felt that the type of student who goes into the field
and the training were involved in the GRE results. The scores
could be lower because the subject material isn't really being
studied and possibly because the individuals entering the field may
not have as high an aptitude as others. Lower Scholastic Aptitude
Test (SAT) results are also found in those who go on to receive
teaching degrees.
Number 0246
MR. REAUME stated the second advantage of HB 213 would be to raise
overall standards. People who know a lot about a subject demand
more of their students than people who don't know very much about
it. A third thing which would happen is that teachers, who are
more knowledgeable in their subject, are better able to assist
their students to learn. If teachers cannot clarify the
ambiguities of textbooks, if their knowledge is such that they are
dependent on the textbook then there are serious problems in the
classroom. Students become reluctant to ask questions because they
are perceived as challenging the teacher.
MR. REAUME explained that HB 213 would dramatically change the
culture in the schools. He has observed that at the University of
Alaska and the school system in Juneau, there are two hallmarks of
people who come out of education schools with a principle degree in
education. One of these hallmarks is a tendency to argue from
authority and the second is to use theory without bothering to see
what the empirical results are.
Number 0410
MR. REAUME stated that United States students do poorly on
international exams. Students in Juneau, Anchorage and Fairbanks
score slightly above the national average on the California
Achievement Test (CAT) and the Iowa Tests of Basic Skills.
Students are roughly at the national average, but the national
average isn't so hot internationally. At a minimum level, a well
educated person should be able to do well on a standardized test.
MR. REAUME said studies have endorsed the concept that a teacher
must be well trained in a subject if they are going to teach the
subject well. He mentioned the varying meanings of the word
subject. Some feel that a science degree is a subject without an
emphasis in a particular area of science such as physics.
Number 0658
MR. REAUME said 63 percent of high school math classes are taught
by individuals who did not have a minor in the field. The vast
majority of the classes are being taught in Anchorage, Fairbanks,
Juneau, Kenai and Ketchikan. As of 1991, Alaska did not value
having people in our high school classes who were trained in the
subject they were teaching.
Number 0771
REPRESENTATIVE PORTER asked if this accounted for those who might
have received an endorsement based on the credits they took
subsequent to their graduation.
Number 0786
MR. REAUME answered that if they received credits, then he assumed
that it would have been covered.
REPRESENTATIVE PORTER stated that it would not have been reflected
by their minor in college.
Number 0793
MR. REAUME clarified that whatever definition considered was used
in every single state. Unless Alaska is peculiar in having many
more people picking up credits after they enter teaching, then it
should not change the fact that we are last in the nation.
Number 0841
REPRESENTATIVE DYSON stated that he has heard frequent comments
that the methods course, while valuable, are amongst the most
boring and poorly taught. There is consistent grade inflation,
particularly among the soft sciences and arts, that begins to
destroy the goal of excellence.
Number 0920
MR. REAUME stated that grade inflation is part of what goes on when
individuals in the classrooms are not terribly well trained in the
subject they are teaching. This situation is also the product of
other aspects of educational objectives. Emphasis is placed in our
school system to help out the worst students. Teachers pass
students who are not ready to pass. The Juneau School District
policy is to flunk no one, no matter how badly they do unless there
is some special request from the parents and the school people
agree to it. This is called social promotion.
Number 0970
MR. REAUME explained that current research suggests that the United
States does not hire the best teachers, if best teachers are
defined by their accomplishment in college and the quality of the
school they attended. He felt that we must change the culture in
the schools and change the things that are looked for when teachers
are hired. He strongly endorsed the sentiment behind HB 213.
Number 1046
REPRESENTATIVE PORTER asked if he would apply this philosophy to
kindergarten through twelfth grade or just to high school.
Number 1050
MR. REAUME felt the HB 213 concept was correct for high school.
Changing the requirement to a minor in a subject would make a lot
of sense for teachers in the sixth through eighth grade level. The
elementary level is an area where he would do the least amount of
tinkering.
Number 1087
CHAIRMAN BUNDE commented that the elementary level has the greatest
impact on future learners.
Number 1099
REPRESENTATIVE GREEN cited a personal experience where a teacher's
enthusiasm made him learn a subject that was personally difficult.
MR. REAUME responded that you can't get excited about a subject
unless you really know your subject well.
CHAIRMAN BUNDE stated that this is the first time this bill was
heard and it will be held for further testimony.
HB 190 - SCHOOL CONSTRUCTION GRANT PROGRAM
Number 1152
CHAIRMAN BUNDE announced the next item on the agenda as HB 190, "An
Act relating to the participating share for school construction
grants; and providing for an effective date."
Number 1167
REPRESENTATIVE REGGIE JOULE, Sponsor of HB 190, explained that when
a school district meets the listed criteria the commissioner will
waive the required match for school construction projects. The
three criteria include: the assessed valuation per average daily
membership of $200,000 or less, currently in statute; have an
unemployment rate of at least 10 percent; the average per capita
income of the district is 85 percent or less of the statewide
average per capita income. This criteria attempts to identify what
factors would best indicate districts with economic situations
leaving them with little ability to generate cash for their local
match.
REPRESENTATIVE JOULE stated that HB 190 sets the stage so that a
district can see new construction and/or have the issue of deferred
maintenance addressed. The school district will not feel that
because they cannot meet this required match amount they would
never see a project in their district.
Number 1270
DAVID BELL, Director of Property Services, Northwest Arctic School
District, testified next via teleconference from Kotzebue. He
explained there were 12 village sites with 25 educational
facilities. The newest building is seven-years-old and the oldest
is 41-years-old. Two buildings have had structural failures this
year. A six year plan has been updated and sent to the borough.
This plan includes major maintenance items, renovation items and
construction items for new schools. Currently the list represents
$66 million worth of items with a local contribution of $6.6
million. The school district does not have funds within its normal
operational budget to take care of these problems and so they are
deferred to the borough. The borough has a difficult time meeting
the local match contribution for some of the larger projects.
Number 1402
REPRESENTATIVE GREEN referred to the unemployment rate of 10
percent or higher. He asked if this would be measured on an
average annual rate.
Number 1415
REPRESENTATIVE JOULE answered that it would be based on the
Department of Labor employment statistics, the average annual.
Number 1422
REPRESENTATIVE GREEN referred to an area that has a per capita
income of its residents at 85 percent or lower than the state
average. He thought some rural areas might have both a cash and a
barter economy. He wondered if this fact might skew the criteria
in favor of rural areas.
Number 1460
REPRESENTATIVE JOULE said the criteria would only be based on a
cash economy.
Number 1487
JOHN ATCHAK testified next via teleconference from Chevak. He
stated that they have been talking about this for more than six
years. The first school was built in 1951 and is still in use.
Some student housing is needed, there is a separation between the
buildings and this is why a new school is needed.
Number 1614
GREG FLAST (Ph.) testified next via teleconference from Chevak. He
said there are more enrollees in the kindergarten then the number
of the graduating class. The current school was built for 180
enrollees and now there are 247 students enrolled in the school.
The proposed construction consists of a cost of over $20 million,
requiring a $500,000 local match. There are no revenues in Chevak
which would fund this $500,000 match.
Number 1717
MR. ATCHAK discussed the condition of the school and the separation
of the buildings. He said there is no sprinkler system in the
schools. At least 5 to 10 percent of students would get hurt or
die because of trampling for lack of fire escape routes, inadequate
classrooms and hallways. The plumbing in the building is so
deteriorated that the water is unfit for human consumption. There
is too much iron and manganese in the plumbing.
Number 1904
CHAIRMAN BUNDE turned the gavel over to Representative Green.
Number 1916
REPRESENTATIVE PORTER stated that the section of statutes, that HB
190 replaces, currently allows the commissioner to waive the
requirement for a participating share in situations where a
community can't meet it.
REPRESENTATIVE JOULE clarified that the current language is "may"
and HB 190 would change it to "shall".
REPRESENTATIVE PORTER asked if he could obtain information
regarding denials.
Number 1950
REPRESENTATIVE DYSON felt that most communities outside of the
railbelt have a 10 percent unemployment rate.
Number 1972
REPRESENTATIVE JOULE pointed to information listing the 20
districts which would meet all three criteria. He said if an
expanded version of unemployment statistics were used, then
probably more districts would qualify. The unemployment figures
change, year to year, so one year a district may qualify and the
next year they might not qualify depending on their level of
activity. Currently, 20 of the existing districts meet the
criteria. It recognizes that there are villages within other
districts who don't make it.
Number 2019
REPRESENTATIVE GREEN presented a scenario where District A
qualified one or two years allowing construction to begin without
requiring a match, but then the next three years District A did not
meet the criteria.
Number 2038
REPRESENTATIVE JOULE explained that there are two issues involving
capital dollars and accessing them; potential school construction
and major deferred maintenance. He said the criteria for some of
these districts will probably not change, but he did not know how
to answer this particular situation.
Number 2063
REPRESENTATIVE GREEN asked if the intent was to increase the amount
of funding or to reallocate the finite amount of money available.
Number 2081
REPRESENTATIVE JOULE stated that Chevak cannot meet the 2 percent
matching requirement, consisting of $500,000. Chevak could not
meet the match for deferred maintenance. This bill states that
these areas that meet the three criteria have very little cash.
These areas probably have a local sales tax and some of the slack
is attempted to be taken up by government assistance, but there
really isn't a tax base. He stated that 85 percent of the
population is under that income per capita, the community has
double digit unemployment and there is devaluation. The intent of
this legislation is to offer those communities, who need
construction or deferred maintenance, some encouragement that they
would be able to complete some needed projects. He said a 41-year-
old building is going to become a 60 and 70-year-old building if
communities cannot come up with the local match.
Number 2168
REPRESENTATIVE PORTER referred to a bill which would change the
formula to allow other kinds of participation including land.
TAPE 97-35, SIDE A
Number 0000
MICHAEL A. MORGAN, PMP, Manager, Facilities Section, Education
Support Services, Department of Education, stated that there is a
current department regulation which allows an in-kind contribution
by districts where labor, equipment materials or land can be used
to meet the local match requirement.
REPRESENTATIVE GREEN clarified that this is an existing regulation.
Number 0043
REPRESENTATIVE JOULE explained that the contractors have issues of
liability, in terms of people getting out there to volunteer their
work. People will expect to get paid for specialty work,
especially in places where there is high unemployment. He thought
that this was a potential avenue, but there are also issues of
liability, recognizing that the contractors and construction people
are coming in from the urban areas of the state and would have
insurance considerations.
Number 0161
B. A. WEINBERG, Lobbyist, Kashunamiut School District, said
legislation providing a local share contained a provision allowing
the commissioner to grant a waiver. The department's policy on
granting waivers is so restrictive that it is virtually impossible
to get a waiver. To the best of his knowledge, a waiver has never
been granted. The school district he represents has simply stopped
asking for waivers.
MR. WEINBERG explained that local governments with little property
wealth, low income and high unemployment are already strained to
provide the most basic kinds of public services. The burden of the
local share would cause those meager services to be reduced even
further.
MR. WEINBERG stated that the Kashunamiut is number one on the 1998
priority list. The current school is documented to be a life
safety hazard, it is educationally inadequate and is at 189 percent
of capacity in terms of enrollment. He said 98 percent of those
students are Alaska Natives, 84 percent have limited English
proficiency and 79 percent live below the poverty level. If this
project were to be funded, the school district would have to come
up with approximately $484,000. The only practical place this
money could come from is the operating budget. There are in-kind
methods of funding, but as a practical matter a contractor is not
going to be able to put in a bid based on the fact that he is going
to get $500,000 in volunteer labor. The school district has been
negotiating with the DOE for about three years to use land in lieu
of their participating share. Those negotiations are still
inconclusive. Based on what has been said, the school district has
no expectation that the land will be allowed. The only practical
place for that money to come from is out of the operating budget.
Number 0394
REPRESENTATIVE GREEN suggested that it was difficult to incorporate
manpower into a construction or a renovation project, but added
that it could be a possibility.
Number 0481
REPRESENTATIVE JOULE answered that this is a real dilemma. There
is a school in his district which used to be at the top of the list
of needs. He said when it was at the top, the Northwest Arctic
Borough School District couldn't come up with the required match.
Since then, this school has dropped down to number five. This
school has the library in the hall and the high school is in a
building without restroom facilities. He said there are schools
like this throughout the rural areas.
Number 0531
REPRESENTATIVE PORTER clarified that the plan in Chevak would be to
create a replacement facility. He suggested that demolition could
be possible and labor from the village could be utilized.
Number 0566
MR. WEINBERG explained that the existing facility belongs to the
state. The school district's position would be to turn over the
existing building to the state. The state could demolish it, give
it away or whatever. The new school is intended for a separate
space.
Number 0584
REPRESENTATIVE PORTER suggested that if it were slated for
demolition, labor used to demolish it could be used as a cost for
the project.
ADJOURNMENT
There being no further business to conduct, REPRESENTATIVE GREEN
adjourned the meeting of the House Health, Education and Social
Services Standing Committee at 5:22 p.m.
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