Legislature(2015 - 2016)BUTROVICH 205
03/03/2016 03:30 PM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB191 | |
| SB84 | |
| HB107 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 84 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 191 | TELECONFERENCED | |
| += | HB 107 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE EDUCATION STANDING COMMITTEE
March 3, 2016
3:32 p.m.
MEMBERS PRESENT
Senator Mike Dunleavy, Chair
Senator Cathy Giessel
Senator Berta Gardner
Senator Charlie Huggins, Vice Chair
MEMBERS ABSENT
Senator Gary Stevens
COMMITTEE CALENDAR
SENATE BILL NO. 191
"An Act relating to disciplinary sanctions imposed by the State
Medical Board; restricting employees and representatives of
abortion services providers, and affiliates of abortion services
providers, from delivering instruction or distributing materials
in public schools and providing civil penalties for violations;
relating to revocation or suspension of teacher certificates;
relating to the receipt of state funds by teachers and school
board members; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 84
"An Act relating to language immersion charter schools; relating
to teacher certification; and relating to standards-based
assessments in language immersion charter schools and language
immersion programs."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 107(EDC) AM
"An Act relating to the composition of the Board of Regents of
the University of Alaska."
- MOVED CSHB 107(EDC) AM OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 84
SHORT TITLE: LANG. IMMERSION SCHOOLS/TEACHER CERTS.
SPONSOR(s): SENATOR(s) OLSON
03/20/15 (S) READ THE FIRST TIME - REFERRALS
03/20/15 (S) EDC, FIN
04/14/15 (S) EDC AT 3:30 PM BUTROVICH 205
04/14/15 (S) Heard & Held
04/14/15 (S) MINUTE(EDC)
03/03/16 (S) EDC AT 3:30 PM BUTROVICH 205
BILL: SB 191
SHORT TITLE: LIMIT ABORTION SERV. PROVIDERS IN SCHOOLS
SPONSOR(s): SENATOR(s) DUNLEAVY
02/22/16 (S) READ THE FIRST TIME - REFERRALS
02/22/16 (S) EDC, JUD
03/01/16 (S) EDC AT 3:30 PM BUTROVICH 205
03/01/16 (S) <Above Item Removed from Agenda>
03/01/16 (S) MINUTE(EDC)
03/03/16 (S) EDC AT 3:30 PM BUTROVICH 205
BILL: HB 107
SHORT TITLE: BD OF REGENTS REGIONAL RESIDENCY QUALIF.
SPONSOR(s): REPRESENTATIVE(s) GATTIS
02/13/15 (H) READ THE FIRST TIME - REFERRALS
02/13/15 (H) EDC
03/18/15 (H) EDC AT 8:00 AM CAPITOL 106
03/18/15 (H) Heard & Held
03/18/15 (H) MINUTE(EDC)
03/27/15 (H) EDC AT 8:00 AM CAPITOL 106
03/27/15 (H) Moved CSHB 107(EDC) Out of Committee
03/27/15 (H) MINUTE(EDC)
03/30/15 (H) EDC RPT CS (EDC) NT 5DP 1DNP 1NR
03/30/15 (H) DP: COLVER, DRUMMOND, TALERICO,
VAZQUEZ, KELLER
03/30/15 (H) DNP: SEATON
03/30/15 (H) NR: KREISS-TOMKINS
04/14/15 (H) TRANSMITTED TO (S)
04/14/15 (H) VERSION: CSHB 107(EDC) AM
04/15/15 (S) READ THE FIRST TIME - REFERRALS
04/15/15 (S) EDC
03/01/16 (S) EDC AT 3:30 PM BUTROVICH 205
03/01/16 (S) Heard & Held
03/01/16 (S) MINUTE(EDC)
03/03/16 (S) EDC AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
CHRISTA MCDONALD, Staff
Senator Mike Dunleavy
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 191.
SENATOR DONALD OLSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 84.
CORDELIA KELLIE, Staff
Senator Donny Olson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information on SB 84 on behalf of
the sponsor.
KATHLEEN YARR, representing herself
Ketchikan, Alaska
POSITION STATEMENT: Testified during the discussion of SB 84.
DEENA PARAMO, Superintendent
Mat-Su Borough School District
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 84.
KATE GLOVER, Attorney, Legal and Research Services Division
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SB 84.
SENATOR LYNN GATTIS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 107.
ACTION NARRATIVE
3:32:41 PM
CHAIR MIKE DUNLEAVY called the Senate Education Standing
Committee meeting to order at 3:32 p.m. Present at the call to
order were Senators Gardner, Giessel, and Chair Dunleavy. He
noted four bills were before the committee: SB 191, SB 84, and
HB 107.
SB 191-LIMIT ABORTION SERV. PROVIDERS IN SCHOOLS
3:34:09 PM
CHAIR DUNLEAVY announced the consideration of SB 191.
CHRISTA MCDONALD, Staff, Senator Mike Dunleavy, Alaska State
Legislature, introduced SB 191, limiting abortion providers in
schools. She explained the sections of the bill:
Section 1 authorize the State Medical Board to impose
a sanction on an abortion services provider or an
affiliate who has violated AS 14.03.092.
Section 2 states that the State Medical board shall
suspend or revoke a licensee's license to practice if
the licensee has violated AS 14.03.092.
Section 3 prohibits an employee or representative of
an abortion services provider or an employee or
representative of an affiliate of an abortion services
provider from presenting or delivering any instruction
or program on any topic to students at a public
school, distributing or displaying materials at a
public school, or providing materials that are
intended for display or distribution at a public
school. It prohibits teachers from authorizing or
allowing instruction or distribution of materials by
an employee or representative of an abortion services
provider or affiliate. It establishes civil damages
for violations of the section. It prohibits a teacher
or school board member who violates AS 14.03.092(b)
from receiving any state funds. It provides a
definition for an abortion services provider and an
affiliate of an abortion services provider.
Section 4 authorizes the Professional Teaching
Practices Commission to revoke or suspend a teacher
certificate if the teacher violates AS 14.03.092.
Section 5 provides that a teacher, including a teacher
with tenure rights, may be dismissed for violating AS
14.03.092.
Section 6 provides that a teacher with tenure rights
is subject to non-retention for a violation of AS
14.03.092.
Section 7 provides that if any provision of the Act is
held invalid, the remainder of the Act is not
affected.
Section 8 provides an immediate effective date.
CHAIR DUNLEAVY read the sponsor statement:
The purpose of Senate Bill 191 is to restrict the
access of abortion services providers and their
affiliates to public schools.
Public education is constitutionally mandated by the
State of Alaska. Many parents believe the roll of
public schools should be to provide: skills,
knowledge, complex instruction, and a forum for
students to better understand their role in society.
However, few believe schools should create a captive
audience of children for indoctrination by an outside
group. At times, these presentations contain lessons
which are at odds with the values of the children and
their families.
Many have become so alarmed at what is occurring
within the public school system that parents are
withdrawing their children from neighborhood schools
in record numbers. These students are placed in
alternative settings (homeschools, charter schools and
private schools) where the values of the family can be
protected from outside special interest groups with an
agenda. We simply cannot and should not ignore this
trend. It is critical that we reexamine the practice
of allowing special interest groups into the
classroom.
What Senate Bill 191 Does:
Prohibits all distribution and display of materials,
presentations, and instruction by an abortion services
provider, affiliate, or representative in public
schools
Establishes penalties, imposed by the State Medical
Board, on abortion services providers, affiliates,
employees, or representatives of an abortion services
provider, teachers, or school board members who
knowingly violate the prohibitions
What Senate Bill 191 Doesn't Do:
Does nothing to hinder school teachers from providing
district approved sex education to students in a
classroom
Will not prevent abortion service providers or
affiliates from providing information and education
outside of the public school setting
By prohibiting abortion services providers access to
public schools, our schools can focus on what is
important and leave private, sensitive matters where
they belong: in the hands of parents. I respectfully
request your support for SB 191.
3:38:07 PM
SENATOR GARDNER asked if there is any data regarding
indoctrination by any outside group, Planned Parenthood or
others, in schools.
CHAIR DUNLEAVY said he did not have any data today but would
provide some.
SENATOR GARDNER referred to Section 1, issues for which a State
Medical Board "may" provide a sanction, and she noted that in
Section 2, the board "shall" revoke or suspend a licensee's
license to practice. She asked if there are any other licenses
that must be revoked or suspended. She further clarified that
Section 1 itemizes 13 causes when the State Medical Board "may"
impose a sanction. Section 2 says a violation of AS 14.03.092
requires the State Medical Board "shall" suspend or revoke the
licensee's license to practice. She said her questions are
whether there are any other instances where the State Medical
Board "shall" revoke a license to practice and what other
sanctions for any misbehavior are available to the Board, other
than suspension and revocation.
SENATOR GARDNER referred to Section 4, page 5, lines 3 and 4,
where it says "the commissioner or the Professional Teaching
Practices Commission may revoke or suspend a certificate only
for the following reasons," and it adds a violation of AS
14.03.092 to the list. She pointed out that in Section 5 it says
"a teacher may be dismissed at any time." She said in Section 4
the consequences for teachers are to suspend or revoke their
certificate and she concluded that the consequences for
physicians are harsher than for a teacher. She asked if that was
the intention of the bill and, if so, why.
SENATOR GARDNER turned to Section 6 where a teacher who has
acquired tenure rights is subject to non-retention and asked if
that is "may" or "shall" be subject to non-retention.
3:42:12 PM
CHAIR DUNLEAVY requested a copy of those questions in writing.
CHAIR DUNLEAVY held SB 191 in committee.
3:42:43 PM
At ease
SB 84-LANG. IMMERSION SCHOOLS/TEACHER CERTS.
3:43:50 PM
CHAIR DUNLEAVY announced the consideration of SB 84.
SENATOR DONALD OLSON, Alaska State Legislature, sponsor of SB
84, introduced his staff.
CORDELIA KELLIE, Staff, Senator Donny Olson, Alaska State
Legislature, presented information on SB 84 on behalf of the
sponsor. She welcomed the committee in the Yupik language and
then read from the following statement:
Before you is SB 84. The goal of the bill is to
provide a more efficient route towards teacher
certification than the current framework by making it
easier for language immersion charter schools to exist
in Alaska.
Immersion schools are proven to be the most successful
model for second language acquisition, teaching not
just the language, but teaching content through the
language. The benefits of attaining a second language
are widely researched and are found to be cerebrally
additive, with language immersion not displacing
ability in English development and studies, but
providing many cognitive and scholastic benefits that
allow students to often perform at higher levels than
their monolingual peers.
Alaska is home to several successful language schools
and programs, such as Rilka Schula, a German immersion
school in Anchorage, Fronteras, a Spanish immersion
school in Wasilla, and Ayaprun, a Yupik immersion
school in Bethel. SB 84 contains provisions that would
make it more effectual for existing language immersion
schools and programs like these to operate by
providing pathways nontraditional teachers to come
into the classroom, who have the necessary language
skills and abilities, but may not have a baccalaureate
degree attained through traditional means.
Last year, Alaska received national press when studies
showed our largest city, housing nearly half the state
population, was home to the top three most diverse
high schools in the nation. Alaska is leading America
as a hub of culture and language; the Anchorage School
District is responding, for example, by expanding its
World Languages program to include Japanese and
Chinese. SB 84 provides the necessary avenues and
regulatory framework to be thusly responsive, growing
and supporting our communities statewide as a place of
culture and languages, both indigenous and introduced.
This bill accomplishes this through the following
provisions: It creates a new designation for language
immersion charter school respond to the robust demand
for more immersion teachers, schools, and program
growth. These language immersion schools will have
high statutory standards for both the teachers and the
school structure. This bill would also allow people
who are proficient in the language to be part of the
academic policy committee; in current statute, only
school employees, teachers, and parents can.
It allows a pathway for a greater number of teachers
to get into the classroom through the following means:
Any traditionally certified teacher who happens to be
or becomes a speaker of a language and wishes to teach
in that language can now do so by this bill's creation
of a language immersion endorsement. An endorsement
helps the teacher learn how to teach in an immersion
environment. This is one avenue of getting more
teachers into the immersion classroom.
Currently, limited teaching certificates - Type M in
regulation - are good for vocational training, Alaska
Native language and culture, and military science;
this bill removes the language component and puts it
in its own limited teaching certificate category.
This bill also expands this new limited teaching
certificate to include world languages, not just
Alaska Native language.
Limited language certificates are similar to the
current "Type M" certificates, but will be
specifically for languages and issued by the tribe
that the state can choose to recognize. A tribe has
the local knowledge regarding who is fluent and has
the ability to teach in that language. Other states
such as Arizona, Wisconsin and California have already
passed legislation to get tribes more involved with
education, realizing the importance of preserving
local languages.
As we continue to work on and develop this bill, your
feedback and questions are greatly appreciated in
shaping legislation to nourish this very exciting time
in our state. Thank you very much for hearing the
bill.
3:49:03 PM
CHAIR DUNLEAVY requested a sectional analysis of the bill.
MS. KELLIE read:
Section 1 requires the charter contract between a school board
and a language immersion charter school to contain provisions
requiring compliance with Section 2.
Section 2 creates a subcategory of charter schools called
language immersion charter schools applying all the same rules
as existing charter schools, the same procedure for applying,
and the same funding formula. It requires the charter school to
spend 50 percent of its instruction hours in a language other
than English. It holds these schools to a higher bar than
currently exists. It requires immersion teachers to have mastery
in the target language and have had some training in immersion
education. It requires immersion teachers to also have cultural
knowledge and allows them to serve on the academic policy
committee of the charter school in addition to parents and
school employees. It would require the academic policy committee
to work with Department of Education and Early Development
(DEED) to develop a plan for reaching the 50 percent benchmark,
should it not be in place. Section 2 also requires immersion
teachers to have additional immersion-specific training, but
exempts teachers teaching classes in the non-immersion target
language from the requirement to hold a language immersion
endorsement.
3:50:46 PM
Section 3 creates a language immersion endorsement.
Section 4 deals with the limited teacher certificate program
(Type M). The section removes Alaska Native languages from the
list of subjects certificate holders are eligible to teach,
expands that list to all languages, and can be used in all
school districts, not just in immersion schools. It requires the
language immersion teacher to know the language and have
immersion training. The language immersion certificate requests
are made at the request of the academic policy committees at
schools.
3:52:35 PM
Section 5 further amends the existing limited teacher
certificate program by making newly issued certificates valid
for only one year. Upon verification by the school board or
academic policy committee that the teacher has demonstrated
skills in classroom instruction, curriculum development, and
student assessment, the certificate can be extended and renewed
in accordance with regulation. It prohibits the school board
from requiring additional academic training as a condition of
certificate renewal.
Section 6 creates a new limited language certificate for
teachers instructing in a language other than English. A
certificate can be issued if there are an insufficient number of
certified teachers in the state capable of teaching in a
language. Subsection (a) states that a limited certificate can
be issued if a school board or the academic policy committee of
a language immersion charter school requests it. It is valid
only in the school district that requested it. The certificate
is valid for teaching languages at any level and for teaching
other subjects in grades pre-K through 8, if the language of
instruction is a foreign or indigenous language. A person
teaching a subject other than that language, must have completed
a course in language immersion education and demonstrates
subject matter expertise. Subsection (b) says that DEED may
issue a limited certificate if the certified applicant
demonstrates instructional skills sufficient to assure the
public that the person is competent as a teacher as defined by
regulation, the applicant demonstrates subject matter expertise,
and the applicant has the language proficiency sufficient to
teach classroom activities wholly in the language. Subsection
(c) states that the newly issued certificates are valid for only
one year. Upon certification by the entity that requested the
limited certificate, that the holder has demonstrated skills in
the classroom instruction, curriculum development, and student
assessment, the certificate can be extended and renewed in
accordance with regulations. Subsection (d) prohibits the board
from requiring additional academic training as a condition of
certificate renewal.
3:54:58 PM
Section 7 relates to teacher certificates issued by an Alaska
Native tribe. They are limited certificates and apply only to
classes taught in an Alaska Native language in a language
immersion charter school.
Section 8 gives the commissioner of DEED or the Professional
Teaching Practice Commission the authority to prohibit a teacher
certified by a tribe from teaching in a public school for the
same reasons that any teacher could have on their teaching
certificate - suspended or revoked under AS 14.20.032.
Section 9 describes the administrative review procedures
available to tribes and teachers certified in the case that the
department or Professional Teaching Practices Commission
prohibits the use of a tribal certificate in public schools.
Section 10 provides for a transition period from the current
limited teacher certificate status to the new limited teacher
certificate status. This section is only relevant to limited
certificates for teaching Alaska Native languages.
3:56:38 PM
SENATOR GARDNER asked why, if a limited certificate can be
extended after a year if the school board requests it and the
sponsoring charter school requests it, the school board cannot
request that the person have additional training. The bill
allows non-credentialed teachers to teach as language
specialists. She said she could imagine an instance where that
teacher might lack classroom skills and could use help with
that. She asked why the board can't require further training.
3:58:03 PM
MS. KELLIE gave an example a person having expertise in a
language.
SENATOR OLSON asked whether the question is why the board can't
request a language teacher to improve on their lack of classroom
instruction expertise.
MS. KELLIE explained that the limited certificate was designed
for substitute teachers or those working with prepared
curriculum with support of existing certified teachers. She
concluded that the network would help support those teachers.
SENATOR GARDNER gave an example of a person who has mastery of
the content and has a support system to help them. However, if
it is not working out and they don't have the necessary skills
she questioned why not have the language teacher take courses in
order to renew their certificate.
MS. KELLIE replied that it could be a costly burden to them or a
time issue.
4:01:56 PM
SENATOR OLSON said he did not have the answer, but would look
into it.
CHAIR DUNLEAVY opened public testimony.
4:03:09 PM
KATHLEEN YARR, representing herself, testified during the
discussion of SB 84. She provided an example of a Japanese
language specialist whose program was in danger of being cut.
She asked if SB 84 would require the district to employ this
teacher, comparable to a Type A teacher.
SENATOR OLSON said that is not intent of the bill.
4:05:55 PM
DEENA PARAMO, Superintendent, Mat-Su Borough School District,
testified in support of SB 84. She noted that the Mat-Su
District highly values choice in educational programs and
delivery. The district has a Russian language neighborhood
school and a Spanish language charter school. She spoke of the
uniqueness of immersion schools and the flexibility they provide
for hiring non-traditional teachers and for retaining staff in
times of shortage. She expressed support for a deeper look into
the certification process for language immersion teachers. She
concluded that the effective date would allow ample time to
communicate certificate requirements to employees.
4:09:02 PM
SENATOR GIESSEL was surprised that the statutes regarding
language immersion charter schools don't already exist. She
referred to new Subsection 2.
DR. PARAMO said they were able to have language immersion
charter schools previously; the bill addresses teacher
certification.
4:10:17 PM
KATE GLOVER, Attorney, Legislative Legal, Legislative Affairs
Agency, answered questions related to SB 84.
SENATOR GIESSEL referred to Section 2 and asked whether language
immersion charter school statutes were already in place.
MS. GLOVER said they are in place under AS 14.03.250, and SB 84
bill adds additional requirements for language immersion charter
schools.
4:11:21 PM
At ease
4:11:38 PM
SENATOR GIESSEL moved to adopt the CS for SB 84, labeled 29-
LS0746\E, as the working document before the committee.
CHAIR DUNLEAVY objected. He asked if there was additional
discussion and then removed his objection.
CHAIR DUNLEAVY held SB 84 in committee.
4:12:24 PM
At ease
HB 107-BD OF REGENTS REGIONAL RESIDENCY QUALIF.
4:15:55 PM
CHAIR DUNLEAVY announced that the final order of business would
be HB 107.
CHAIR DUNLEAVY welcomed Senator Huggins to the meeting. He noted
HB 107 was previously heard on March 7, 2016, and has a zero
fiscal note. He said public testimony was open.
SENATOR LYNN GATTIS, Alaska State Legislature, sponsor of HB
107. She addressed Senator Gardner's previous question about how
many people applied for the Board of Regents in 2014 and 2015.
She reported that 29 applied in 2014 and 37 applied in 2015. The
Governor's Office explained that when there is an opening, an
advertisement is posted on the State of Alaska's website for two
weeks. She opined that the news of an opening also reached
people by word of mouth and she was surprised at the high number
of applicants.
SENATOR GARDNER inquired, for purposes of the bill's provisions,
where the applicants were from.
SENATOR GATTIS said she attempted to find out where the
applicants were from, but received no information.
SENATOR GARDNER said she would try to have that information when
the bill comes to the Senate Floor because she thought the terms
of the bill might be impossible to fill.
4:19:41 PM
CHAIR DUNLEAVY closed public testimony.
4:19:50 PM
SENATOR GIESSEL moved to report CSHB 107(EDC)am from committee
with individual recommendations and attached zero fiscal note.
There being no objection, the motion carried.
4:20:09 PM
There being no further business to come before the committee,
Chair Dunleavy adjourned the Senate Education Standing Committee
at 4:20 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 191 - Sponsor Statement .pdf |
SEDC 3/3/2016 3:30:00 PM |
SB 191 |
| CS HB 107 - Follow Up Letter from Board of Regents.pdf |
SEDC 3/3/2016 3:30:00 PM |
HB 107 |
| SB 191 - Sectional.pdf |
SEDC 3/3/2016 3:30:00 PM |
SB 191 |