Legislature(2013 - 2014)BELTZ 105 (TSBldg)
04/10/2013 08:00 AM Senate EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| SB91 | |
| SB89 | |
| SB100 | |
| HB154 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 91 | TELECONFERENCED | |
| *+ | SB 89 | TELECONFERENCED | |
| *+ | SB 100 | TELECONFERENCED | |
| + | HB 154 | TELECONFERENCED | |
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.