Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/10/2013 08:00 AM EDUCATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 91 HAZING TELECONFERENCED
Moved CSSB 91(EDC) Out of Committee
*+ SB 89 TAX CREDITS FOR EDUCATIONAL CONTRIBUTIONS TELECONFERENCED
Heard & Held
*+ SB 100 CORRESPONDENCE STUDY PROGRAM; ALLOTMENTS TELECONFERENCED
Heard & Held
+ HB 154 MUSEUM OF THE NORTH TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE EDUCATION STANDING COMMITTEE                                                                             
                         April 10, 2013                                                                                         
                           8:01 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Gary Stevens, Chair                                                                                                     
Senator Mike Dunleavy, Vice Chair                                                                                               
Senator Bert Stedman                                                                                                            
Senator Berta Gardner                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Charlie Huggins                                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 91                                                                                                              
"An Act relating to hazing."                                                                                                    
                                                                                                                                
     - MOVED CSSB 91(EDC) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE BILL NO. 89                                                                                                              
"An Act  relating to education tax  credits and a tax  credit for                                                               
gifts  to the  Alaska Fire  Standards Council;  providing for  an                                                               
effective date by  repealing the effective dates in  sec. 57, ch.                                                               
92, SLA 2010,  as amended by sec.  15, ch. 7, FSSLA  2011, and in                                                               
sec 32, ch. 74, SLA 2012; and providing for an effective date."                                                                 
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
SENATE BILL NO. 100                                                                                                             
"An Act relating to correspondence study programs; and providing                                                                
for an effective date."                                                                                                         
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 154(EDC)                                                                                
"An Act relating to natural and cultural history repositories."                                                                 
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 91                                                                                                                   
SHORT TITLE: HAZING                                                                                                             
SPONSOR(s): SENATOR(s) FAIRCLOUGH                                                                                               
                                                                                                                                
03/29/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/29/13       (S)       EDC, JUD                                                                                               
04/05/13       (S)       EDC AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
04/05/13       (S)       Heard & Held                                                                                           
04/05/13       (S)       MINUTE(EDC)                                                                                            
04/10/13       (S)       EDC AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB  89                                                                                                                  
SHORT TITLE: TAX CREDITS FOR EDUCATIONAL CONTRIBUTIONS                                                                          
SPONSOR(s): SENATOR(s) DUNLEAVY                                                                                                 
                                                                                                                                
03/27/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/13       (S)       EDC, FIN                                                                                               
04/10/13       (S)       EDC AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 100                                                                                                                  
SHORT TITLE: CORRESPONDENCE STUDY PROGRAM; ALLOTMENTS                                                                           
SPONSOR(s): SENATOR(s) DUNLEAVY                                                                                                 
                                                                                                                                
04/06/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/06/13       (S)       EDC                                                                                                    
04/10/13       (S)       EDC AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 154                                                                                                                  
SHORT TITLE: MUSEUM OF THE NORTH                                                                                                
SPONSOR(s): REPRESENTATIVE(s) THOMPSON                                                                                          
                                                                                                                                
03/04/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/04/13       (H)       EDC                                                                                                    
04/05/13       (H)       EDC RPT CS(EDC) NT 5DP 1NR                                                                             
04/05/13       (H)       DP: SEATON, REINBOLD, DRUMMOND, LEDOUX,                                                                
                         GATTIS                                                                                                 
04/05/13       (H)       NR: SADDLER                                                                                            
04/05/13       (H)       EDC AT 8:00 AM CAPITOL 106                                                                             
04/05/13       (H)       Moved CSHB 154(EDC) Out of Committee                                                                   
04/05/13       (H)       MINUTE(EDC)                                                                                            
04/08/13       (H)       TRANSMITTED TO (S)                                                                                     
04/08/13       (H)       VERSION: CSHB 154(EDC)                                                                                 
04/09/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/09/13       (S)       EDC                                                                                                    
04/10/13       (S)       EDC AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TIM LAMKIN, Staff                                                                                                               
Senator Gary Stevens                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced the CS for SB 91.                                                                              
                                                                                                                                
SENATOR ANNA FAIRCLOUGH                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: As sponsor, answered questions related to SB                                                              
91.                                                                                                                             
                                                                                                                                
TALLEY TEAL, Staff                                                                                                              
Senator Anna Fairclough                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided information related to SB 91.                                                                    
                                                                                                                                
LES MORSE, Deputy Commissioner                                                                                                  
Department of Education and Early Development                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Spoke in support of SB 91.                                                                                
                                                                                                                                
EMILY SEXTON, President                                                                                                         
Alaska Association of Student Government                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Spoke in support of SB 91.                                                                                
                                                                                                                                
JEFFREY MITTMAN, Executive Director                                                                                             
American Civil Liberties Union (ALCU)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 91.                                                                            
                                                                                                                                
CARL ROSE, Executive Director                                                                                                   
Association of the Alaska School Boards (AASB)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 91.                                                                            
                                                                                                                                
BRUCE JOHNSON, Executive Director                                                                                               
Alaska Council of School Administrators (ACSA)                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 91.                                                                            
                                                                                                                                
JOHANNA BALES, Deputy Director                                                                                                  
Tax Division                                                                                                                    
Department of Revenue (DOR)                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions related to SB 89.                                                                      
                                                                                                                                
MIKE HANLEY, Commissioner                                                                                                       
Department of Education and Early Development (DEED)                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified that there needs to be                                                                          
clarification on the fiscal note and other issues in SB 89.                                                                     
                                                                                                                                
REPRESENTATIVE STEVE THOMPSON                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced HB 154 as sponsor of the bill.                                                                 
                                                                                                                                
LYNETTE BERGH, Staff                                                                                                            
Representative Steve Thompson                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided information related to HB 154.                                                                   
                                                                                                                                
KEVIN WINKER, Chief Curator and Acting Director                                                                                 
University of Alaska Museum of the North                                                                                        
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Provided information related to HB 154.                                                                   
                                                                                                                                
LINDA THIBODEAU, Director                                                                                                       
Division of Libraries, Archives, and Museums                                                                                    
Department of Education and Early Development (DEED)                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions related to HB 154.                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:01:37 AM                                                                                                                    
CHAIR  GARY   STEVENS  called   the  Senate   Education  Standing                                                             
Committee meeting  to order at 8:01  a.m. Present at the  call to                                                               
order  were  Senators  Stedman,   Gardner,  Dunleavy,  and  Chair                                                               
Stevens.                                                                                                                        
                                                                                                                                
8:02:01 AM                                                                                                                    
CHAIR STEVENS reviewed the committee calendar.                                                                                  
                                                                                                                                
                          SB 91-HAZING                                                                                      
                                                                                                                                
8:02:22 AM                                                                                                                    
CHAIR STEVENS announced the consideration of SB 91.                                                                             
                                                                                                                                
8:02:27 AM                                                                                                                    
SENATOR DUNLEAVY  moved to adopt  the CS  for SB 91,  labeled 28-                                                               
LS0720\N, as the working document.                                                                                              
                                                                                                                                
CHAIR STEVENS objected for discussion purposes.                                                                                 
                                                                                                                                
TIM   LAMKIN,  Staff,   Senator   Gary   Stevens,  Alaska   State                                                               
Legislature, explained the changes in  version N. He began with a                                                               
change on page  1, line 6; language was added  that is consistent                                                               
with existing  criminal code.  It now  says "substantial  risk of                                                               
serious physical injury."  The second change is on line  9 of the                                                               
original bill,  where the language  was changed from  "normal and                                                               
customary activity"  to "arises from conduct  reasonably expected                                                               
through participation."                                                                                                         
                                                                                                                                
MR. LAMKIN  related that,  in response to  testimony at  the last                                                               
hearing about a  study that indicated church groups  have some of                                                               
the highest percentages of students involved in hazing, faith-                                                                  
based groups are included on page 2, lines 1 and 2.                                                                             
                                                                                                                                
He noted that the next change is on  page 2, lines 4 and 5 of the                                                               
original bill,  and addresses penalties. The  reference to hazing                                                               
as a class  B felony is removed.  On page 3, line  8, the wording                                                               
is  changed to  say "to  report the  results" to  the appropriate                                                               
committee.                                                                                                                      
                                                                                                                                
He related  that in version  A, section 7,  lines 14 to  18, deal                                                               
with the recourse for failing to report hazing.                                                                                 
                                                                                                                                
8:07:37 AM                                                                                                                    
CHAIR STEVENS clarified that was found on page 3, line 16.                                                                      
                                                                                                                                
MR. LAMKIN  summarized the final  change on  page 4, line  1; the                                                               
definition   of  hazing   was  changed   to  "an   act  knowingly                                                               
committed." On page  4, line 5, "normal and  customary" was again                                                               
changed  to  "arises  from conduct  reasonably  expected  through                                                               
participation." On line 9, "faith-based group" was again added.                                                                 
                                                                                                                                
8:08:47 AM                                                                                                                    
SENATOR  GARDNER  suggested  that changing  the  consequences  in                                                               
Section 1 addresses ACLU's concerns.                                                                                            
                                                                                                                                
8:09:16 AM                                                                                                                    
SENATOR  ANNA  FAIRCLOUGH,  Alaska  State  Legislature,  sponsor,                                                               
answered  questions  related  to  SB 91.  She  related  that  she                                                               
received  the ACLU's  letter late  last night  and she  hoped the                                                               
changes in the CS address their concerns.                                                                                       
                                                                                                                                
CHAIR STEVENS noted that a  representative from the ACLU would be                                                               
testifying.                                                                                                                     
                                                                                                                                
8:10:39 AM                                                                                                                    
SENATOR FAIRCLOUGH  pointed out that  when making changes  to the                                                               
bill, something  was missed on  page 3, line  17. She said  it is                                                               
the  sponsor's   intent  that  "failure  to   report  results  in                                                               
appropriate  disciplinary action  by the  school." The  words "by                                                               
the school" were inadvertently omitted by the drafter.                                                                          
                                                                                                                                
SENATOR  GARDNER  said  that since  the  requirement  applies  to                                                               
volunteers,  she  did  not  think   the  school  has  a  role  in                                                               
disciplining volunteers.                                                                                                        
                                                                                                                                
CHAIR STEVENS  suggested also  adding religious  organizations on                                                               
page 3, as well.                                                                                                                
                                                                                                                                
SENATOR  FAIRCLOUGH  replied  that  the section  is  specific  to                                                               
activities at schools.                                                                                                          
                                                                                                                                
8:12:08 AM                                                                                                                    
TALLEY  TEAL,  Staff,  Senator   Anna  Fairclough,  Alaska  State                                                               
Legislature,  provided   information  related   to  SB   91.  She                                                               
explained  that  the  aforementioned  change  was  requested  and                                                               
simply left off by the drafter.                                                                                                 
                                                                                                                                
CHAIR STEVENS stated it was an  easy change and he wished to move                                                               
the bill from committee today. He suggested an amendment.                                                                       
                                                                                                                                
SENATOR FAIRCLOUGH  deferred to the committee's  wishes. She said                                                               
she believes  a school should  have some  type of oversight  in a                                                               
facility that they are maintaining.                                                                                             
                                                                                                                                
SENATOR GARDNER  moved to adopt  Conceptual Amendment 1:  add "by                                                               
the  school" on  page 3,  line 17,  after "disciplinary  action".                                                               
There being no objection, Conceptual Amendment 1 was adopted.                                                                   
                                                                                                                                
CHAIR  STEVENS asked  if the  Department of  Education and  Early                                                               
Development had any concerns or comments.                                                                                       
                                                                                                                                
LES  MORSE,  Deputy  Commissioner, Department  of  Education  and                                                               
Early  Development,  spoke in  support  of  SB  91. He  said  the                                                               
department does not have any issues  with the changes made to the                                                               
bill.                                                                                                                           
                                                                                                                                
CHAIR STEVENS opened public testimony.                                                                                          
                                                                                                                                
8:13:50 AM                                                                                                                    
EMILY   SEXTON,   President,   Alaska  Association   of   Student                                                               
Government (AASG),  testified in  support of  SB 91.  She related                                                               
that  AASG  believes that  all  students  should feel  safe  from                                                               
bullying  in  their schools  and  bullies  should understand  the                                                               
severity of their actions.                                                                                                      
                                                                                                                                
JEFFREY  MITTMAN, Executive  Director,  American Civil  Liberties                                                               
Union  (ALCU), testified  in support  of  SB 91.  He thanked  the                                                               
sponsor  for  introducing  the   bill,  noting  that  hazing  and                                                               
bullying are  problems that  are endemic  across the  country and                                                               
are often targeted  at the most vulnerable students.  A bill that                                                               
states  hazing will  not  be  tolerated in  the  schools is  very                                                               
important and will have a very positive effect.                                                                                 
                                                                                                                                
He said he has had a chance to  review the CS and it does address                                                               
many of  ACLU's concerns. He hoped  to work with the  sponsor and                                                               
the  next committee  on  any  future revisions  of  the bill.  He                                                               
brought  up discriminatory  issues regarding  the criminalization                                                               
of students, but stated that is not the intention of SB 91.                                                                     
                                                                                                                                
8:16:40 AM                                                                                                                    
CARL ROSE,  Executive Director, Association of  the Alaska School                                                               
Boards  (AASB), testified  in support  of SB  91. He  said AASB's                                                               
mission  is to  advocate  for children  and  youth, assist  local                                                               
school boards, and  provide a quality education  focus on student                                                               
achievement through effective local  governance. He noted an AASB                                                               
belief statement that raises the  priority of children and youth,                                                               
their  health,  education,  safety  and  welfare  as  AASB's  top                                                               
priority. He  shared that hazing  and bullying is  "nothing short                                                               
of  terrorism"  to  a  victim  and should  not  be  tolerated  in                                                               
schools. He pointed  out that many school  districts already have                                                               
a bullying policy; however, including  it in statute, policy, and                                                               
administrative   regulations   is   appropriate.   He   said   he                                                               
appreciates the  changes in the  CS. He suggested  the conceptual                                                               
amendment  might  go  further  to  include  all  school-sponsored                                                               
activities.                                                                                                                     
                                                                                                                                
8:18:57 AM                                                                                                                    
BRUCE  JOHNSON,  Executive  Director, Alaska  Council  of  School                                                               
Administrators (ACSA),  testified in  support of  SB 91.  He said                                                               
the  bill makes  good sense.  ACSA's goal  is to  provide a  safe                                                               
environment that protects the well-being  of all young people and                                                               
any  hint of  hazing begins  to infringe  on that.  He said  ACSA                                                               
would stand behind quality implementation of the bill.                                                                          
                                                                                                                                
CHAIR STEVENS closed public hearing.                                                                                            
                                                                                                                                
8:20:08 AM                                                                                                                    
SENATOR  DUNLEAVY  moved  to  report   CSSB  91,  28-LS0720\N  as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached fiscal note.                                                                                                           
                                                                                                                                
CHAIR STEVENS announced that without  objection, CSSB 91(EDC) was                                                               
reported from the Senate Education Committee.                                                                                   
                                                                                                                                
8:20:22 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
        SB 89-TAX CREDITS FOR EDUCATIONAL CONTRIBUTIONS                                                                     
                                                                                                                                
8:22:00 AM                                                                                                                    
CHAIR STEVENS announced that the  next order of business would be                                                               
SB 89.                                                                                                                          
                                                                                                                                
SENATOR DUNLEAVY, sponsor, introduced SB  89. He related that the                                                               
bill amends current tax credits  for educational contributions to                                                               
allow  for  elementary  and  secondary  profit,  non-profit,  and                                                               
religious schools  in Alaska.  He referred to  a list  of current                                                               
eligible tax credits.  The purpose for the tax  credit changes is                                                               
to  allow  for tax  credits  for  educational contributions  from                                                               
parents whose children attend private  and religious schools. The                                                               
tax credit would go to the agency or organization.                                                                              
                                                                                                                                
8:24:11 AM                                                                                                                    
SENATOR GARDNER  asked if tuition  provides a tax credit  for the                                                               
school.                                                                                                                         
                                                                                                                                
SENATOR DUNLEAVY  said no. He  explained that the  businesses and                                                               
corporations  that wish  to give  money to  religious or  private                                                               
schools could receive a tax credit.                                                                                             
                                                                                                                                
SENATOR  GARDNER  asked  if  current  law  already  provides  tax                                                               
deductions for charitable giving to non-profits.                                                                                
                                                                                                                                
SENATOR  DUNLEAVY replied  that  charitable  giving is  currently                                                               
deductible at  the federal level;  the proposed tax  credit would                                                               
occur on the state level.                                                                                                       
                                                                                                                                
8:26:14 AM                                                                                                                    
SENATOR GARDNER asked about raising  the tax credit limit from $5                                                               
million to  $25 million. She  wondered how many tax  payers reach                                                               
the $25 million limit.                                                                                                          
                                                                                                                                
SENATOR DUNLEAVY replied that he did not have those figures.                                                                    
                                                                                                                                
SENATOR GARDNER inquired  if tax payers might want  to exceed the                                                               
$5 million limit.                                                                                                               
                                                                                                                                
SENATOR  DUNLEAVY said  it  is his  hope  that charitable  giving                                                               
would increase.                                                                                                                 
                                                                                                                                
CHAIR STEVENS  suggested that the  Department of  Revenue address                                                               
the question.                                                                                                                   
                                                                                                                                
8:27:11 AM                                                                                                                    
JOHANNA  BALES,  Deputy  Director, Tax  Division,  Department  of                                                               
Revenue (DOR), answered questions related  to SB 89. She said she                                                               
has not seen  a single tax payer claim the  $5 million tax credit                                                               
for charitable  giving. In 2012,  the first  full year of  the $5                                                               
million maximum tax  credit, 40 tax payers took  an education tax                                                               
credit for a total of $6.8 million.                                                                                             
                                                                                                                                
SENATOR GARDNER requested clarification about those numbers.                                                                    
                                                                                                                                
MS. BALES explained that there  are six tax programs that qualify                                                               
for the credit. She reiterated that  40 tax payers, in total, for                                                               
all six programs, took $6.8  million worth of credits, all within                                                               
the education category.                                                                                                         
                                                                                                                                
8:28:58 AM                                                                                                                    
CHAIR STEVENS held SB 89 in committee for further review.                                                                       
                                                                                                                                
        SB 100-CORRESPONDENCE STUDY PROGRAM; ALLOTMENTS                                                                     
                                                                                                                                
8:29:15 AM                                                                                                                    
CHAIR STEVENS announced that the  next order of business would be                                                               
SB 100.                                                                                                                         
                                                                                                                                
SENATOR DUNLEAVY, sponsor of SB 100,  pointed out that SB 100 was                                                               
another bill  in a series  of bills (including  SB 89 and  SJR 9)                                                               
that he had put forward,  and their approaches had a relationship                                                               
that he  wanted to explain before  talking about SB 100.  He said                                                               
that  SB 100  is a  companion  bill for  SJR  9. When  SJR 9  was                                                               
introduced,  a lot  of assumptions  were  made that  it was  "the                                                               
voucher bill,"  but the  fact is  that SB 89  is a  voucher bill.                                                               
This  is  when  children  can  attend  a  private  or  religious,                                                               
elementary or secondary, school and  have costs funded by private                                                               
business.                                                                                                                       
                                                                                                                                
SENATOR  DUNLEAVY explained  that SJR  9 will  allow the  current                                                               
practice  of  everything  from  the  Governor's  scholarships  to                                                               
private public  partnerships that the department  and many school                                                               
districts  have; and  SB 100  provides that  opportunity for  the                                                               
home  school/correspondence study  programs  that  the state  has                                                               
been using for the past 10-15  years. At one point Galena created                                                               
a statewide  home school  program that  allowed families  who did                                                               
not want to  be part of a "neighborhood school"  to still be part                                                               
of public education. So, the  folks in Galena, and subsequently a                                                               
dozen or  more correspondence homeschool programs,  have students                                                               
in them that  do not attend the neighborhood schools,  but are in                                                               
the public education system.                                                                                                    
                                                                                                                                
He  said  that some  people  make  a delineation  between  public                                                               
schools and  public education. Public  schools are  the buildings                                                               
and  everything that  happens  in them;  public  education is  an                                                               
expanded  concept  that  includes homes  schools,  correspondence                                                               
schools,  charter schools  and, potentially,  cyber schools,  and                                                               
other  methods to  educate kids  to a  public purpose  and public                                                               
outcome.                                                                                                                        
                                                                                                                                
He said that SB  100 would be the companion concept  to SJR 9; it                                                               
is only two pages and addresses  a child in a home correspondence                                                               
school  with an  Individual Learning  Plan (ILP)  developed by  a                                                               
public teacher with  the parent. The only difference  is that the                                                               
parent with the teacher can  determine the "how" and an expansion                                                               
of it. "In other words, it's  public money and the public demands                                                               
an  outcome, a  public  purpose." Any  student  enrolled in  this                                                               
program still  has to take  the public assessments and  be taught                                                               
to public standards. The idea in  SB 100 (in conjunction with SJR                                                               
9) is the "how."                                                                                                                
                                                                                                                                
He said for  example, a parent could decide his  child would take                                                               
a Latin course at Monroe Catholic  and the teacher could agree to                                                               
that  in   the  ILP.   That  cannot   be  done   currently  under                                                               
constitutional  language. SB  100,  along with  SJR  9, allows  a                                                               
parent  and  a  teacher  to   develop  an  ILP  that  includes  a                                                               
public/private  partnership concept  with a  public outcome.  The                                                               
tax  credit concept  [in  SB  89] is  totally  divorced from  the                                                               
public education concept; those are for  folks that want to go to                                                               
a private  school, that gets  private money through  tax credits,                                                               
and can  have a religious or  some other private outcome.  All of                                                               
SB 100 is  part of public education. Students  who are proficient                                                               
or better in the public  outcomes don't get changed, but students                                                               
who  are not  proficient would  have their  ILP modified  to help                                                               
them  become  proficient. This  is  an  expansion of  the  public                                                               
education  system  using  a public/private  partnership  concept,                                                               
under an ILP developed between a parent and a teacher.                                                                          
                                                                                                                                
8:34:56 AM                                                                                                                    
SENATOR  GARDNER commented  that if  there is  a tax  benefit for                                                               
donors, there is an impact  on the state treasury; therefore, the                                                               
state   has  a   financial   investment,   also.  She   requested                                                               
clarification about the language  regarding the state's not being                                                               
able to impose additional requirements.                                                                                         
                                                                                                                                
SENATOR  DUNLEAVY replied  that  he was  the  administrator of  a                                                               
correspondence   home  school   program.   Many  parents   became                                                               
interested in becoming  a part of a public  education system, but                                                               
did not have enough of a say in their child's curriculum.                                                                       
                                                                                                                                
8:38:24 AM                                                                                                                    
SENATOR  GARDNER  asked for  an  explanation  of the  purpose  of                                                               
having  a credentialed  teacher  as a  part of  the  team if  the                                                               
teacher is prohibited from using their best judgment.                                                                           
                                                                                                                                
SENATOR  DUNLEAVY  called  it  a "third  way"  for  education  in                                                               
Alaska. He explained  that the educational needs  of a proficient                                                               
student  are  being met.  If  the  public/private partnership  is                                                               
adopted  there  will be  another  way  to provide  education  for                                                               
students and expand choices.                                                                                                    
                                                                                                                                
8:41:12 AM                                                                                                                    
SENATOR  GARDNER  voiced   concern  about  credentialed  teachers                                                               
having  to  sign off  on  coursework  that  does not  meet  their                                                               
standards.                                                                                                                      
                                                                                                                                
SENATOR  DUNLEAVY clarified  that they  have to  sign off  on the                                                               
ILP.                                                                                                                            
                                                                                                                                
SENATOR GARDNER  said she was  referring to a new  teacher coming                                                               
in and saying that ILP was not adequate.                                                                                        
                                                                                                                                
SENATOR DUNLEAVY said  that was a good question, but  if they are                                                               
proficient  by demonstrated  assessments, his  argument would  be                                                               
why anyone would  want to focus on that and  not support what was                                                               
already working.                                                                                                                
                                                                                                                                
SENATOR GARDNER suggested that excellence should be the goal.                                                                   
                                                                                                                                
SENATOR DUNLEAVY replied that he would consider the suggestion.                                                                 
                                                                                                                                
8:42:36 AM                                                                                                                    
MIKE  HANLEY, Commissioner,  Department  of  Education and  Early                                                               
Development  (DEED), testified  that  the fiscal  note and  other                                                               
issues still needed to be clarified.                                                                                            
                                                                                                                                
CHAIR STEVENS held SB 100 in committee.                                                                                         
                                                                                                                                
                   HB 154-MUSEUM OF THE NORTH                                                                               
                                                                                                                                
8:44:03 AM                                                                                                                    
CHAIR  STEVENS  announced  the consideration  of  HB  154.  [CSHB                                                               
154(EDC) was before the committee.]                                                                                             
                                                                                                                                
8:44:09 AM                                                                                                                    
REPRESENTATIVE STEVE THOMPSON, sponsor  of HB 154, explained that                                                               
it is  an Act  relating to natural  history and  cultural history                                                               
repositories. The bill revises  statutes governing the University                                                               
of Alaska by  adding a new section that designates  the Museum of                                                               
the North as  a repository of state natural  and cultural history                                                               
collections and  gives the university the  authority to designate                                                               
other repositories, as needed.                                                                                                  
                                                                                                                                
He related that  the bill also defines the  purpose and functions                                                               
of  a repository.  The Museum  of the  North collection  includes                                                               
more  than  1.4  million artifacts  and  specimens,  representing                                                               
millions of years of biological  diversity and thousands of years                                                               
of  cultural  traditions,  as  well   as  crucial  resources  for                                                               
research. Designating  the Museum  of the  North as  a repository                                                               
will  help   ensure  that   the  historical   collections  remain                                                               
available to  researchers, students,  Alaska citizens  and others                                                               
with an interest in natural and cultural history.                                                                               
                                                                                                                                
8:45:53 AM                                                                                                                    
CHAIR  STEVENS asked  if there  were other  museums in  the state                                                               
that might be included in the bill.                                                                                             
                                                                                                                                
REPRESENTATIVE THOMPSON  responded that  it has  been considered.                                                               
He deferred to his staff to explain further.                                                                                    
                                                                                                                                
8:46:17 AM                                                                                                                    
LYNETTE  BERGH,  Staff,  Representative  Steve  Thompson,  Alaska                                                               
State Legislature,  provided information  related to HB  154. She                                                               
said there are currently no  other museums that can be designated                                                               
as a repository  because they do not fit the  definition given in                                                               
HB 154, which is very specific about the requirements.                                                                          
                                                                                                                                
CHAIR STEVENS asked what the requirements were.                                                                                 
                                                                                                                                
MS. BURGH replied that museum required the following:                                                                           
                                                                                                                                
     To qualify for designation  as a repository, a facility                                                                    
     must be a museum,  archeological center, laboratory, or                                                                    
     storage  facility managed  by  the  state, a  municipal                                                                    
     government, a  tribe, or  an educational  or scientific                                                                    
     institution  able  to provide  long-term  professional,                                                                    
     systematic, accountable curatorial services.                                                                               
                                                                                                                                
SENATOR  GARDNER  asked  if  the bill  creates  this  concept  in                                                               
statute.                                                                                                                        
                                                                                                                                
MS. BURGH replied  that the term repository had  not been defined                                                               
in statute.  The Museum of  the North is considered  by educators                                                               
and the  university as  a repository  since it  houses historical                                                               
and  cultural  collections. To  meet  the  federal guidelines  in                                                               
order to procure  grants and funding, defining it  as an official                                                               
state repository would be necessary.                                                                                            
                                                                                                                                
8:48:21 AM                                                                                                                    
SENATOR GARDNER stated that it  is a wonderful idea. She inquired                                                               
if the museum in Unalaska would qualify.                                                                                        
                                                                                                                                
MS.  BURGH  explained  that  the   statute  is  specific  to  the                                                               
university system.                                                                                                              
                                                                                                                                
SENATOR GARDNER  asked about  page 1,  line 14,  where it  says a                                                               
facility must be managed by  the state, a municipal government, a                                                               
tribe, or an educational or  scientific institution. She asked if                                                               
that meant management, as opposed to ownership.                                                                                 
                                                                                                                                
MS. BURRS replied that the Museum  of the North is managed by the                                                               
university.                                                                                                                     
                                                                                                                                
SENATOR GARDNER asked if the museum in Unalaska would qualify.                                                                  
                                                                                                                                
MS. BURGH deferred to Mr. Winker to answer.                                                                                     
                                                                                                                                
KEVIN WINKER,  Chief Curator and  Acting Director,  University of                                                               
Alaska Museum  of the North,  provided information related  to HB                                                               
154.  He  suggested  Linda  Thibodeau  answer  Senator  Gardner's                                                               
question. He  noted that the  museum in  Unalaska is not  part of                                                               
the university system.                                                                                                          
                                                                                                                                
8:51:01 AM                                                                                                                    
LINDA THIBODEAU,  Director, Division of Libraries,  Archives, and                                                               
Museums, Department  of Education  and Early  Development (DEED),                                                               
answered  questions related  to HB  154. She  explained the  bill                                                               
includes university  repositories only. Other  repositories could                                                               
be included  if they met the  criteria of the bill,  but it would                                                               
have to be through a different statute.                                                                                         
                                                                                                                                
SENATOR GARDNER  asked what  the benefits  of being  designated a                                                               
repository  are. She  wondered  if  it was  just  to  be able  to                                                               
receive grants and funding.                                                                                                     
                                                                                                                                
MS. THIBODEAU deferred to the  sponsor to answer. She opined that                                                               
Senator Gardner was correct.                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMPSON replied  that  the intent  is to  ensure                                                               
that the  biological and  cultural items  are preserved  and kept                                                               
available for researchers, students, and the public.                                                                            
                                                                                                                                
8:53:14 AM                                                                                                                    
MS. BURCH concurred with Representative  Thompson. She added that                                                               
as the  collections continue  to grow the  sponsor would  like to                                                               
ensure that the museum is able to preserve them.                                                                                
                                                                                                                                
SENATOR GARDNER shared her recollection  of the Sealaska Heritage                                                               
Institute.  She suggested  being  designated  a repository  might                                                               
help them  receive funding and  ensure the preservation  of their                                                               
artifacts. She  thought that other facilities  might also benefit                                                               
by being repositories.                                                                                                          
                                                                                                                                
CHAIR STEVENS agreed that it should be looked into.                                                                             
                                                                                                                                
REPRESENTATIVE  THOMPSON noted  that HB  154 changes  the statues                                                               
governing  the  university.  Currently,  they  are  not  able  to                                                               
receive grants and the legislation would change that.                                                                           
                                                                                                                                
CHAIR STEVENS held HB 154 in committee.                                                                                         
                                                                                                                                
8:56:07 AM                                                                                                                    
There  being  no  further  business to  come  before  the  Senate                                                               
Education  Standing   Committee,  Chair  Stevens   adjourned  the                                                               
hearing at 8:56 a.m.                                                                                                            

Document Name Date/Time Subjects
04102013_HB154_MuseumoftheNorth_BillText_VersionA.PDF SEDC 4/10/2013 8:00:00 AM
HB 154
04102013_HB154_MuseumoftheNorth_BillText_VersionC.PDF SEDC 4/10/2013 8:00:00 AM
HB 154
04102013_HB154_MuseumoftheNorth_FiscalNote1.pdf SEDC 4/10/2013 8:00:00 AM
HB 154
04102013_HB154_MuseumoftheNorth_SponsorStatement_VersionC.pdf SEDC 4/10/2013 8:00:00 AM
HB 154
04102013_HB154_MuseumoftheNorth_SummaryChanges.pdf SEDC 4/10/2013 8:00:00 AM
HB 154
04102013_HB154_MuseumoftheNorth_SupportLetters.pdf SEDC 4/10/2013 8:00:00 AM
HB 154
04102013_SB89_TaxCredits_BillText_VersionN.pdf SEDC 4/10/2013 8:00:00 AM
SB 89
04102013_SB89_TaxCredits_BillText_VersionU.PDF SEDC 4/10/2013 8:00:00 AM
SB 89
04102013_SB89_TaxCredits_Sectional_VersionN.pdf SEDC 4/10/2013 8:00:00 AM
SB 89
04102013_SB89_TaxCredits_SponsorStatement.pdf SEDC 4/10/2013 8:00:00 AM
SB 89
04102013_SB89_TaxCredits_Summary of Education Tax Credits.pdf SEDC 4/10/2013 8:00:00 AM
SB 89
04102013_SB100_CorrespondenceStudy_BillText_VersionA.PDF SEDC 4/10/2013 8:00:00 AM
SB 100
04102013_SB100_CorrespondenceStudy_ListOfPrograms.pdf SEDC 4/10/2013 8:00:00 AM
SB 100
04102013_SB100_CorresponenceStudy_SponsorStatement.pdf SEDC 4/10/2013 8:00:00 AM
SB 100
04102013_SB100_CorresponenceStudy_FiscalNote_DEED1.pdf SEDC 4/10/2013 8:00:00 AM
SB 100
04102013_SB89_TaxCredits_FiscalNote_REV1.pdf SEDC 4/10/2013 8:00:00 AM
SB 89
04052013_SB91_FiscalNote_Corrections1.pdf SEDC 4/10/2013 8:00:00 AM
SB 91
04052013_SB91_Hazing_BillText_VersionN.pdf SEDC 4/10/2013 8:00:00 AM
SB 91