04/16/2002 03:07 PM House HES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled

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ALASKA STATE LEGISLATURE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE April 16, 2002 3:07 p.m. MEMBERS PRESENT Representative Fred Dyson, Chair Representative Peggy Wilson, Vice Chair Representative John Coghill Representative Vic Kohring Representative Sharon Cissna Representative Reggie Joule MEMBERS ABSENT Representative Gary Stevens COMMITTEE CALENDAR CONFIRMATION HEARING Professional Teaching Practices Commission Steven Beardsley - Anchorage - CONFIRMATION ADVANCED CS FOR SENATE BILL NO. 11(FIN) "An Act relating to required school attendance; and providing for an effective date." - MOVED CSSB 11(FIN) OUT OF COMMITTEE PREVIOUS ACTION BILL: SB 11 SHORT TITLE:COMPULSORY SCHOOL ATTENDANCE/AK HISTORY SPONSOR(S): SENATOR(S) THERRIAULT Jrn-Date Jrn-Page Action 01/08/01 0014 (S) PREFILE RELEASED - 12/29/00

01/08/01 0014 (S) READ THE FIRST TIME - REFERRALS

01/08/01 0014 (S) DNP: LEMAN 532 532 Committee AUSTERMAN, 203 UNAN CONSENT PASSAGE RECONSIDERATION READING N- E1 A1 PASSAGE REFERRALS Committee MINUTE(EDU) BUNDE; WITNESS REGISTER STEVEN BEARDSLEY, Appointee Professional Teaching Practices Commission Anchorage, Alaska 99515 POSITION STATEMENT: Testified as appointee to the Professional Teaching Practices Commission. WILDA RODMAN, Staff to Senator Gene Therriault Alaska State Legislature Capitol Building, Room 121 Juneau, Alaska 99801 POSITION STATEMENT: Testified on behalf of the sponsor 11(FIN). EDDY JEANS, Manager School Finance and Facilities Section Education Support Services Department of Education and Early Development Juneau, Alaska 99801-1894 POSITION STATEMENT: Answered questions. KATHY WIGHT-MURPHY, Vice President National Education Association - Alaska (No address provided) POSITION STATEMENT: Highlighted the importance of attendance. ACTION NARRATIVE TAPE 02-32, SIDE A Number 0001 CHAIR FRED DYSON called the House Health, Education and Social Services Standing Committee meeting to order at 3:07 p.m. Representatives Dyson, Wilson, Coghill, and Joule were present at the call to order. Representatives Stevens and Cissna arrived as the meeting was in progress. CONFIRMATION HEARING Professional Teaching Practices Commission CHAIR DYSON announced that the first order of business would be the consideration of Steven Beardsley's appointment to the Professional Teaching Practices Commission (PTPC). Number 0071 STEVEN BEARDSLEY, Appointee, Professional Teaching Practices Commission, testified via teleconference. Mr. Beardsley informed the committee that he has served on PTPC for one term, three years, and this confirmation would result in another three-year commitment. In response to Chair Dyson's comments regarding Mr. Beardsley's skiing activities, Mr. Beardsley expressed his pleasure in having been involved with the World Special Olympic Games. In further response to Chair Dyson, Mr. Beardsley informed the committee that he is in his 27th year teaching in Anchorage. He specified that he has worked at both the Huffman Elementary and Klatt Elementary Schools. CHAIR DYSON inquired as the types of issues that come before PTPC. MR. BEARDSLEY explained that PTPC deals with teaching ethics around the state for all [certified] positions. Mr. Beardsley predicted that the state is going to face the issue of teachers going out on contracts. Some of the Bush communities are finding it difficult to find teachers to fill their needs. If those teachers are found, the teachers often have difficulties adjusting to the Bush lifestyle. These difficulties can result in teachers leaving [before their contract is completed]. Mr. Beardsley said that he didn't view leaving in such a situation as very ethical. CHAIR DYSON related his belief that [many] in the legislature are very concerned with such situations in the Bush. He inquired as to the enforcement powers of PTPC and the legislature when teachers break contracts. MR. BEARDSLEY explained that it would be a contractual issue for which the district would have to file a complaint that would have to be investigated by the executive director of PTPC. The action taken in such a situation could go as far as suspension. He confirmed that the PTPC has taken action in such situations. Number 0378 CHAIR DYSON recalled that the legislature passed school behavior and safety standards requiring each district to go through a process with the community in order to agree upon behavior and safety standards. Chair Dyson said, "I'm pretty zealous that each district and school do that and that the teachers be able to see what those agreed upon standards are before they sign a contract." MR. BEARDSLEY pointed out that the [reasons some teachers leave] may also be related to working conditions and social standards, especially in the Bush. CHAIR DYSON agreed. MR. BEARDSLEY informed the committee that all teachers who have applied for a certificate have received the professional teaching practices standards that have been adopted by PTPC and supported by the legislature. Therefore, the teachers should be cognizant of the standards in effect via the regulations that already exist. Number 0493 REPRESENTATIVE JOULE inquired as to whether housing is an issue. MR. BEARDSLEY said that he believes it can be sometimes. Housing is a contractual item with which PTPC isn't involved. He reiterated the difficulties that result when teachers leave after signing a contract. REPRESENTATIVE JOULE thanked Mr. Beardsley for his service. REPRESENTATIVE WILSON asked if there are other issues that PTPC addresses. MR. BEARDSLEY replied yes. There are a host of regulations that PTPC addresses, from sexual [misconduct] to situations with firearms. Mr. Beardsley pointed out that some school districts have gone into mediation with the National Education Association - Alaska (NEA-AK) in order to deal with many of the personal issues that aren't really related to ethics. He predicted that such will happen more in the Bush communities. REPRESENTATIVE COGHILL noted his appreciation of Mr. Beardsley's work. He inquired as to how PTPC would deal with teachers who have qualifications on paper, but aren't actually qualified teachers. MR. BEARDSLEY characterized such a situation as a district concern. He said that [PTPC] doesn't see too many of those situations. CHAIR DYSON asked if there was any objection to forwarding Mr. Beardsley's name to the full body for confirmation. There being no objection, Mr. Beardsley's name was forwarded. Chair Dyson thanked Mr. Beardsley for his work on the PTPC. SB CHAIR DYSON turned to the next order of business, CS FOR SENATE BILL NO. 11(FIN), "An Act relating to required school attendance; and providing for an effective date." Number 0709 WILDA RODMAN, Staff to Senator Gene Therriault, Alaska State Legislature, testified on behalf of the sponsor of AS school age for attendance at seven. She paraphrased the following sponsor statement: SB enroll a child in first grade at the age of six to maintain that child in attendance. It does not take away the parent's option of choosing public, private or home schooling. It also does not take away the option of enrolling a child in kindergarten at age five or six. Finally, it does not take away any of the exemptions for allowable absences currently provided under existing law. Research indicates that earlier education is beneficial, and in fact most children in Alaska are enrolled by the age of six. However, a small percentage of students who are enrolled do not actually attend on a regular basis because state law does not require attendance until age seven. So even though a six-year-old might be enrolled in school, he/she could miss an unlimited number of days and still not be considered truant. This places a burden on teachers to keep that student up with the rest of the class and increases the potential for the student to be "held back." CHAIR DYSON asked what would happen if a parent enrolls their child at age six, but it becomes obvious that the child isn't prepared. Is there a process by which the parent can disenroll the child and thus not fall under the compulsory education rules, he asked. MS. RODMAN said she didn't know, but believes that it would be a situation in which the child would have to stay out of school once disenrolled. She deferred to Mr. Jeans. Number 0880 EDDY JEANS, Manager, School Finance and Facilities Section Education Support Services, Department of Education and Early Development (EED), informed the committee that if a parent elects to withdraw their child, there are 12 exemptions under the compulsory school law that would allow the parent to withdraw the child from the public school system. He reiterated that the intent of SB child remains in attendance, not sporadic attendance. He offered to provide the committee with the law listing the 12 exemptions. In response to Chair Dyson's question, Mr. Jeans specified that a parent could withdraw a child on the premise that the child will be home schooled, which is the one he would recommend the parent utilize [in such a situation]. Mr. Jeans related his belief that CSSB 11(FIN), child must attend school. CHAIR DYSON said that he, too, didn't foresee a school forcing a child to attend school. However, the school's average daily membership (ADM) would fall [if the child doesn't stay until October when it's calculated]. Chair Dyson expressed objection to the lack of an easy category for a parent to formally withdraw a student. Chair Dyson presented the option of holding the bill so that Senator Therriault could decide whether this is an issue to bother about or whether the bill could be passed out of this committee and could be dealt with in the House Rules Standing Committee. Number 1530 MS. RODMAN said that she was unclear as to why Chair Dyson felt that the paragraph (8) exemption wouldn't work. CHAIR DYSON related his belief that a parent should be able to withdraw his/her child without getting the superintendent, school board, or doctor involved. Furthermore, he didn't believe that the parent should have to commit in writing to doing full-blown home education. Although Chair Dyson felt it [paragraph (8)] would work, he said it doesn't quite fit ethically. REPRESENTATIVE WILSON reiterated her belief that paragraph (8) would address Chair Dyson's concern. Even if the superintendent or school board is miles away, there has to be a principle teacher who would call and take care of the situation. She didn't view this as a problem. REPRESENTATIVE DYSON asked if Representative Wilson believes that a parent needs to have the school board and the superintendent rubber stamp their decision, or should a parent be able to withdraw their child on their own. REPRESENTATIVE WILSON said she didn't believe it's a big deal to tell the teacher or the principal that the parent wants to withdraw their child. CHAIR DYSON stressed that it's not official until the school board and the superintendent [approve the withdrawal]. REPRESENTATIVE WILSON mentioned that this would be a problem for those schools with nine students. REPRESENTATIVE COGHILL said this is something worth addressing. Number 1666 REPRESENTATIVE JOULE suggested that maybe the law should read that the compulsory school attendance age is seven, but if the parent chooses to enroll their child at age six ... CHAIR DYSON interjected, "then they can't get out without the superintendent and the school board agreeing." Chair Dyson clarified that such will be the situation if this legislation passes. REPRESENTATIVE CISSNA expressed concern that making a big deal out of something with children can sometimes make the child feel that they are to blame or that they are stupid. Therefore, [withdrawal] should be [a fairly easy] process for the child. CHAIR DYSON agreed, but suspected, as Representative Wilson has indicated, that the [withdrawal process] would happen quite matter of factly. MS. RODMAN remarked that CSSB could be an amendment on the floor. Number 2290 REPRESENTATIVE WILSON identified the problem as the parent wanting the child to stay in school [even with sporadic attendance] while the school wants consistent attendance. CHAIR DYSON related his belief that exemption (8) in existing law addresses that problem. Chair Dyson pointed out that the system will know whether the child is ready for first grade for those children who enter school for kindergarten or other early education. The child of concern is the one for which the front- end screening doesn't work and after enrollment the parent determines that the child isn't ready for first grade. Although the parent and school may agree that the child should be withdrawn, there isn't an existing exemption that accurately fits the situation. MR. JEANS reminded the committee that this discussion really addresses enrolling six-year-olds who have never been part of the public school system. However, the legislation is really for those children who have been part of the public school system, but have had sporadic attendance and used the compulsory school age law as a reason that the child doesn't have to attend consistently. CHAIR DYSON announced that he wouldn't offer his amendment. REPRESENTATIVE COGHILL announced that he wouldn't offer his amendment, although he would specify the need to amend on the bill report. Number 2180 REPRESENTATIVE COGHILL moved to report CSSB Education and Social Services Standing Committee. CHAIR DYSON announced that he would be presenting a bill for the committee to consider whether to sponsor. The bill is an effort that he and Senator Kelly are working on with regard to funding for elective abortions. ADJOURNMENT There being no further business before the committee, the House Health, Education and Social Services Standing Committee meeting was adjourned at 4:00 p.m.

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